Most people would probably agree that there are two ways to plead in a criminal court case such as a DUI: guilty or not guilty. But did you know that there is a third option? When is it used in DUI cases? And why? Here's what you need to know about the no-contest plea and its effects on a DUI case.
What Is a No-Contest Plea?
Pleading guilty to a crime means you are waiving your right to a trial by jury, as is guaranteed within the American justice system. You are accepting responsibility and liability. A no-contest plea has similar effects, but it does not concede that you accept responsibility for the crime. You are, in fact, merely choosing not to dispute the conviction and exercise your right to trial.
Both pleas result in a criminal conviction on the defendant's record. And they generally result in the same fines, jail time, or other penalties. For criminal courts, this is a largely cosmetic difference.
Why Would It Matter?
The difference between pleading guilty and no contest may sound like splitting hairs, but it's an important distinction. If you admit guilt in a criminal case, that can be used against you in a civil lawsuit. For instance, a driver charged with DUI can easily find themselves dealing with a lawsuit by accident victims after their case is closed.
The plaintiff's lawyer is sure to use the driver's guilty plea to convince the civil jury to award the plaintiff damages. However, a no-contest plea makes their work harder. And while the burden of proof in a civil trial isn't as severe as a criminal one, this denies them one advantage.
When Is No-Contest Most Often Used?
A plea of no contest is most often seen in plea agreements. A plea bargain offers the prosecutors a way to avoid the time and expense of a trial, and the defendant gets a reduction in penalty, charges, or counts. There is little motivation for prosecutors not to accept a no-contest plea, though, as it results in the same conviction as a guilty plea. But it's one additional offer they can make to defendants.
Where Can You Learn More?
Could a no-contest plea be the right course in your case? Find out by meeting with a DUI defense attorney in your state. With their guidance and expertise, you'll find the best route to the best possible outcome no matter the circumstances.
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