Should I plead guilty, no contest, or not guilty?

Question

I was in a car accident about 2 weeks ago, Gwinnett County, Georgia.  The court will be held at a state court as I was not in any particular city limits.  The police officer cited me a ticket for failing to yield while turning left.  The thing is, I had a "turning arrow" and was more than half way through the intersection.  The other driver who obviously had a red light, ploughed into me at high speeds, and he had no intentions of slowing down.  I've spoke with a different officer about the matter and he said I should plead not guilty. And if the court still disagrees with me I should plead no contest.  I also have my g/f as a witness as she was with during the accident.  Nobody was harmed thankfully and the other driver was very nice.  He even admitted in front of me and my girlfriend that he could not remember if the light was green or red.  Any advice and or suggestions will be greatly appreciated.  

Thanks, 
Kris

dreampo · Accepted Answer

If you didn't do it plead "Not guilty"...If you're not completely sure who was more in the "wrong" photos of the damage can help determine who hit who and that is basically what it boils down to. Say: if the side of your vehicle is damaged and the front of his is damaged...it is pretty certain that he hit you and couldn't control his motor vehicle. In most cases the person who actually hits the other is deemed to have not had "control" of their vehicle in order to avoid an accident, so this theory may work in your favor. You didn't mention anything about the insurance companies involved....they will undoutedly request photos etc. and a police report...talk with an attorney if you are extremely worried.

Superman · Answer

No Contest, and put it behind you.  You're real fight is the car accident, not the traffic ticket.  Besides if you have any suspicion that the traffic court is going to pronounce you guilty then the civil court will take judicial notice, and you will have very little chance to defend yourself later down the line.

I'm not familiar enough with Georgia State law, but in my state for the situation you just described, you would have had to yield.  Both you and the other driver would be guilty of a traffic ticket, but it is the other driver that would lose in civil court.  In this case it would not hurt you to exercise your due process rights to a fair and impartial trial, plead Not Guilty.

Additional Details:
Official Code of Georgia, Title 40, Chapter 6, section 21, subdivision (a), paragraph (1) provides in part:

“(a) The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals:
(1) Green indications shall have the following meanings:
(A) Traffic…facing a CIRCULAR GREEN signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic turning shall yield the right of way to approaching vehicles…
(B) Traffic…facing a GREEN ARROW signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time…”

Obviously the court is attempting to prove the traffic accident is evidence you did not do so “cautiously”, which is totally bogus.  How does your traffic trials operate in Georgia?  If tried by Jury; Not Guilty; tried by Judge, No Contest or Not Guilty; under no circumstances should you plead Guilty.

*/End of Line.

Perdendosi · Answer

Whoa! Whoa! Wait a minute!  Pleading to a criminal charge related to an accident can have SERIOUS consequences for a civil lawsuit brought against you for negligence, which can have SERIOUS consequences on your insurance coverage and premiums, and can have SERIOUS consequences on your ability to get any money from the other driver (or his insurance company) to make up for the damages.  DO NOT enter any plea without first talking to BOTH a civil attorney and a criminal attorney (but in this instance, a civil attorney is more important, because the effect of a guilty plea in a civil case is MUCH more important than the $100 fine that you may have to pay).

Find an attorney licensed in your jurisdiction NOW and QUICKLY.

Anonymous · Answer

Depends on you.  Pleading not guilty winds you up in a trial so you'll need a lawer (money).  And you will certainly win, but if the cost of the fine and the hit to the insurance rates is less may be less than the lawer cost.  If it were me I'd sue the officer for being a dumb@$$ and go to court and clear my name.

Anonymous · Answer

Listen to Bruce J.  If the other driver decides to sue you and you plead guilty to the ticket, then he will have evidence to use against you.

If you were not at fault then you should fight the ticket.  At the very least it will help you keep your premiums from sky-rocketing.

Anonymous · Answer

You may think about hiring a lawyer.  If you are found guilty, you could face a civil suit from the person that crashed into you.  Investing a few hundred dollars now could save you thousands in the long run.

Anonymous · Answer

Not Guilty

Anonymous · Answer

Not guilty pleas exist for our protection. If you feel you were not guilty than plead "not guilty". If you you plead guilty to something you did not do than WTF do you expect out of our legal system.
Of course its traffic court and it's a whole lot easier to pay thie fine and go home.

Anonymous · Answer

Plead not guilty and take your witnesses.

cfb193 · Answer

Not guilty

Should I plead guilty, no contest, or not guilty?

10 Answers