How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nate Your Own Question

Nate
Nate, Attorney
Category: Traffic Law
Satisfied Customers: 10567
Experience:  Eight years of fighting traffic infractions.
11217539
Type Your Traffic Law Question Here...
Nate is online now
A new question is answered every 9 seconds

I was stopped and given a court appearance date (10/31/13,

Resolved Question:

I was stopped and given a court appearance date (10/31/13, today) at 1:30 pm for operating a motorcycle without an endorsement in the state of Florida. My question is, would it be inappropriate when a get before the judge to offer a plea of no contest in pursuant to Florida Statute 318.14 (10)(a) in order to get an adjudication or is that out of line for proper proceedings it a criminal traffic court of law?
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Nate replied 10 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

You can certainly do that.

Though there appears to be a difference, there is no legal difference between a guilty plea and a no-contest plea. A guilty plea means you admit guilt. A no-contest plea means you don't admit guilt, but that you admit the state has the evidence to prove you guilty.

As such, the law ultimately ends up treating them the same.

In a situation like this, you either had the endorsement or you didn't. So unless you can prove you had the endorsement at the time of the stop, you may as well go ahead and enter a no-contest / guilty plea.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 10 months ago.

The Florida Statute 318.14 (10)(a) states that any person an offense listed under this subsection ((322.03(4) No Motorcycle Endorsement) in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of court, designated official, etc.. In such case adjudication shall be withheld. It says I may make this election 3 times in my lifetime but no more than once during a 12 month period.


My question in reference to the statute listed above is in regard to the fact that in my research, I found out about this too late to use this option before the court date but was hopeful that I could still request the use of it either to the state attorney or before the judge without showing any disrespect.

Expert:  Nate replied 10 months ago.
The process described in the law is for your benefit so that you can avoid going to court. If you end up going to court anyway, the judge and state aren't going to care. As long as you otherwise satisfy the compliance requirement, that's what matters.
Customer: replied 10 months ago.

So your saying bringing it up in court at all would be pointless and possibly make me look like an ass for even trying pushing them away from my hopeful direction of leniency?

Expert:  Nate replied 10 months ago.
No. I'm saying the opposite. The statute is designed to save you the trouble of going to court.

You shouldn't have any trouble getting adjudication witheld. The only difference is you've waited until the last minute and now have to go to court to do it.
Customer: replied 10 months ago.

Feeling much more relieved about court, thanks for that. So back to how I should present myself in court. Is it appropriate to bring up the FL Statute along with my no contest plea, or better to give the plea and simply state that I now have a motorcycle endorsement offering the license for proof and hope they go the route of adjudication?

Expert:  Nate replied 10 months ago.
You can just cite the statute, indicate you meant to send in your no contest plea, but would like to do so now in court.
Nate, Attorney
Category: Traffic Law
Satisfied Customers: 10567
Experience: Eight years of fighting traffic infractions.
Nate and 8 other Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    304
    Run my own practice.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    251
    Licensed Attorney with 27 yrs. exp. with Traffic Law issues
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    188
    I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    181
    JD, 16 year experience including traffic law.
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Counselor at Law

    Satisfied Customers:

    157
    Licensed Attorney
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    155
    20 years practicing traffic law.