Legal Question in Traffic Law in Georgia

I recently went to State court on a traffic violation. I was driving a vehicle I had anticipated on purchasing. However, after contacting my insurance carrier (of five years), they informed me the vehicle in question was a salvage vehicle. After my shift ended, I was returning the vehicle, to the dealer to pick up my insured vehicle that I was potentially trading. I was stopped by a Forest Park officer for the tag. I have had and maintained auto insurance for over the last five years, in which it is deducted weekly via payroll.

Therefore, I have never failed to maintain auto insurance in which I provided proof and evidence to the judge, solicitor and court. Upon going before the judge, the clerk called my name, I answered, the solicitor gave my file to the bailiff, in which they both conferred, and he then escorted me outside. He reviewed the information in the file, and then agreed with the solicitor's recommended course of action; to plead, "Nolo," this would save the court money and assured me that nothing adversely would affect my record and driving status.

Upon re-entering the court the Solicitor reaffirmed what the bailiff had just recommended, as being the best course of action for the court as well as myself, to enter a plea of "Nolo Contendere." The court, bailiff and solicitor Didn't force nor threaten me true, but are the ones who repeated their recommended course of action. Having had no prior legal advice, besides that of the aforementioned I plead "Nolo." As a result, today my license is suspended. The judge then reviewed my file and in lieu of a fine or sentence, recommended I do (20) hours of community service, in which I have completed. My question is, if the court (judge, solicitor, bailiff and all parties involved) not only viewed my driving history, but as well had a hard copy, and saw in black and white that I recently entered a plea of "Nolo:"

Why is it that I was not forewarned (particularly by the Judge, Bailiff, Solicitor) that upon entering this plea unknowingly, (again within a five year period) that I would be put into an adverse situation where my license Would be Suspended for a period of 90 days.

Furthermore, what can be done to reinstate my license since the court, solicitor, judge, and bailiff made this recommendation?

Thank you.

Amanda


Asked on 6/30/11, 3:48 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unfortunately you can't fix cases after they are over.

When you get a traffic case, however minor you may think it is, you are making a huge mistake in not seeing a lawyer. A lawyer would have not only warned you about the consequences of a plea, but likely would have, on those facts, talked to the prosecutor and worked out a more favorable disposition to protect your license. Indeed, under those facts you might have won the case if you had a lawyer.

Sadly, you decided (bad choice) to save a few dollars and it has cost you dearly. Note that if this happened in the last 30 days, you can get a lawyer and do a certiorari to Superior Court. That is a complex form of appeal. Whereas the traffic case would have cost a few hundred dollars, your appeal will cost you thousands. It is NOT a pro se project.

So if you are in the 30 day window, get a lawyer ASAP and it will cost you a great deal and perhaps he can help. After the 30 days, you are pretty much stuck as you sat on your appeal rights too long. (One other slim possibility - pay a lawyer to review the record - if you did not sign proper waivers, you MAY be able to file a motion for new tria - again a costly processl).

The one good thing you have done with your post is to teach everyone else they need a lawyer when they get a ticket.

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Answered on 6/30/11, 6:10 pm


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