A KNUCKLEHEAD HAS A QUESTION

[4saken1]

Would you know how to submit and word those forms for FLORIDA law? And do those forms subpeona the officers who issued the citation? Also, since I am a knucklehead, can you tell me the difference between a plea of not guilty versus no contest?
I could really use your help! I will give more details if needed.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by 4saken1:
Would you know how to submit and word those forms for FLORIDA law? And do those forms subpeona the officers who issued the citation? Also, since I am a knucklehead, can you tell me the difference between a plea of not guilty versus no contest?
I could really use your help! I will give more details if needed.<HR></BLOCKQUOTE>

My response:

Unfortunately, the Motion is only good in California . . . because I do not know the Floridian Vehicle Code, nor the Floridian State Constitution. Sorry. Perhaps you might want to have an attorney "massage" the Motion to fit your State's requirements - - that's of course, assuming, that there are similar Floridian laws with which to replace the California laws.

Guilty means just that. By pleading guilty, you are giving up your right to trial and are accepting the Charges as true, and have no defense to the Charge, and are accepting the proscribed punishment to the Charge.

Nolo Contendere or "No Contest" means the same as the above; however, because it's not a "pure" guilty plea, a No Contest plea cannot be used against you in a Civil Action against you.

For example, you're involved in an intersection car accident. You are the cause of the accident because you ran a red light. In the accident, you severely injure the other driver.

Running a red light is an Infraction, or a breach of the Vehicle Code. That's a quasi-criminal offense.

By pleading guilty to the Offense, you automatically open yourself up to a "loss" in the Civil Action against you by the other driver; i.e., that other driver can use your guilty plea against you - - and all the other driver would have to do is prove up the damages - - because the "liability" portion has been admitted by you through the "guilty" plea you entered in the criminal court.

Nolo Contendere means you don't want a criminal trial and you are willing to accept the punishment; but, you are NOT admitting anything. Ergo, when the other driver sues you, the other driver will still have to prove your liability, and the damages suffered, and cannot use your "No Contest" plea in the Civil action against you.

There's more to it, and for more detailed information, you really should have a sit-down consultation with your own attorney.

IAAL



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[4saken1]

Thank you...that was helpful in itself. Nowhere could I find verification as to the difference between no contest and guilty.

My next question is below, I was in an accident resulting in injury and only two people there...myself and the other driver, There was no damage to my vehicle cuz the person hurt himself trying to avoid accident because of being on wrong side of road. I was ticketed with failure to yield right of way even though I did make a full stop and didnt see this vehicle come around a blind corner with bushes....an attorney told me to plea no contest...but i am not guilty. This man had been drinking...the police would not administer an alcohol test, even though i requested it. There are alot of extenuating circumstances. BUT ANYWAY....

OK...here's the question...if what that attorney advised me is true..that the court would still find me guilty of failure to yield right of way...do you think that at that time my fine will be way higher? cost of subpeonaing cops, witnesses, attorney for the police..original fine...etc?

Have you heard of no contest plea with explanation to show non guilt? and it being listed as a not guilty in the end?

I was told to try to get a continuance..but told by the clerk i cannot. This is a political year...and i was told this is not a good time to go to court.

Frustrated and feeling the effects of the injustice system....unemployed and not on unemployment