Legal Question in Traffic Law in Maryland

Meaning /appropriateness of a ''No Contest'' plea

My son recently went to traffic court. My husband recommended that he plead ''No Contest'' to a speeding ticket (60mph in a 45 mph zone, speed caught by a radar gun). The judge announced that two pleas were possible - ''Not Guilty'' or ''Guilty with Explantion''. My son pleaded ''Guilty with Explanation''. The judge heard his explantion and ruled a fine ($52 with $23 court costs - the original fine was $75), and ''probation before judgement''. My husband contends that he should have pled ''No Contest'' and if that plea was not accepted, then ''Not Guilty''. I explained that ''No Contest'' was not an option, and if he had pled ''Not Guilty'', he would have lost, and been found ''Guilty'' instead of given ''probation before judgement''.

Help!! The questions are:

1. Given the judge's plea instructions, was ''No Contest'' an option? What does ''No contest'' mean and when is it an appropriate/allowable plea? Is ''probation before judgement'' a better outcome that guilty?

Thank you!!!


Asked on 6/11/04, 9:33 am

1 Answer from Attorneys

Re: Meaning /appropriateness of a ''No Contest'' plea

No contest is an appropriate plea. The techinical name is "nollo contendre". However, the Judge in traffic court has 35 cases on each of his morning and afternoon dockets. To save time he limits the pleas, which he may. Probation before judgment is the result you want. That means the judge found your son guilty (which he would have done under a no contest plea), struck out the guilty finding and gave your son PBJ. Therefore there is no guilty finding against your son. He will get no points on his traffic record. If asked if he has been found guilty of this speeding charge, he can truthfully answer no. Your son did the right thing.

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Answered on 6/11/04, 9:55 am


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