Traffic court will keep ticket off my license...

Discussion in 'Questions To Truckers From The General Public' started by ellisjay2, Aug 11, 2021.

  1. ellisjay2

    ellisjay2 Bobtail Member

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    Aug 1, 2010
    marietta, GA
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    Went to court today from speeding ticket, solicitor reduced amount to avoid super speeder, and says it won't go on license. I have class A, hazmat, and tankers but only have driven for the county since ive had them, intrastate. Havent had ticket in over 6 years. Nolo was the plea which I've never done. I was reading that here in GA pleading nolo, it shows to insurance still, not sure about mvr. But if they mean "not going on license", does that mean it wont show on my record at all?? Will it show up when applying for driving jobs?? My main concern is possibly driving for companies in near future.
     
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  3. any name you wish

    any name you wish Bobtail Member

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    May 13, 2021
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    This is a difficult question for a non-lawyer to answer. Not just because parts of it could be worded better, but also because you're asking for information that might be construed as legal advice, not legal information. Predicting, or explaining rights in the outcome of a court case is not legal information if it applies to a specific person and their potential to take an action.
    Georgia has a unique way of handling no-contest pleas that helps relieve excessive case backlogs in its courts. Once every five years, you may plead no contest on a motor vehicle operating violation and not get points on a driver's license. The way the law is written, it appears that this plea focuses on suppressing driving points for the purpose of avoiding potential license suspension. You likely won't be able to keep trucking or insurance companies from finding out about it, and when they do, they'll have the option of applying their own arbitrary systems to assess the points that you would have gotten. This is because if the law was written in a manner so as to conceal or nullify the record of a citation, then that citation might not be able to be used as the basis for a civil lawsuit in event that a one was issued in an accident. Check with a Georgia lawyer to verify this, as I'm neither in Georgia, nor am I an actual lawyer.

    I oppose, and fight automated traffic citation devices. Your case shows an example of one of my many arguments: if you'd have gotten that same citation from a machine, you would have had no legally recognized citation record in most, if not all states. You can commit the same violation, and how safe you are to the motoring public is based not on the actual violation, but on who cites you, or how you are cited. This is a strong argument showing that such devices are money-grabs designed to leave the best violation customers on the roads, and not at all meant to keep the motoring public safe from them.
     
  4. wis bang

    wis bang Road Train Member

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    Jan 12, 2011
    Levittown, PA
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    NJ has a similar thing, the 'McGreevy Option' named afer the govenour who signed the bill. A number of moving violations can be pled down to a no points charge of 'Unsafe Driving'. You can use it twice. While my insurance broker doesn't look at it, I know what it is and include it on my review of the application especially when I see it twice scattered between other violations.

    If you are local to Georgia, present and future employers MAY catch this/may not.
     
  5. Moose1958

    Moose1958 Road Train Member

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    Dec 17, 2010
    Ainigriv Notpmah
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    I used to live in Georgia and your comment is basically right, but let me add some information you either left out or I simply missed. First off you can't use the nolo plea in Georgia if the offense carries more than 3 points. It is also up to the Judge to allow, in other words making a nolo plea is not a right! Said plea is still a violation that's reported to DDS with no points attached, but will still be visible to your insurance carrier.

    In the OPs case his original charge was so bad it was going to kick in the super speeder! This means the OP was going faster than 75MPH on a 2 lane road or faster than 85MPH on multilane highways. In Georgia, according to Georgia Code 40-6-181 you can plea nolo on any speeding charge UP to 24MPH over. After that, you are going to get 4 points.

    I will say this about a nolo plea ANYWHERE! If you are involved in a situation that may result in a civil case being filed against you that nolo plea is not considered an admission of guilt! An Attorney, later on, can't use it against you!

    Unfortunately, 391.23 (a) (1) and (2) mandates a carrier do a driving history on you! This MUST at a minimum go back 3 years, a carrier is free to go back further. Because Georgia will report that nolo to DDS I would HIGHLY advise you to honestly answer any and all questions on your driving history if you do apply. Further, I HIGHLY advise you to get a copy of your MVR before you start any hiring process!

    As I stated I used to live in Georgia. I can tell you straight out there are speed traps all over the Peach! I HIGHLY suggest you go over those tables found in 383.51 and carefully look at table 2! As a CDL holder, most of those Tables apply to you EVEN in a 4 wheeler! I don't have much room to preach because I have received a few tickets in my life as well. I am just going to HIGHLY advise you to take some of the lead out of that foot!
     
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