Failing to appear in court for a traffic matter in California is more than just a missed appointment—it can lead to serious legal consequences. Understanding what happens when you fail to appear and how to address it can help minimize the impact on your record, finances, and driving privileges.
What Is a Failure to Appear (FTA)?
In California, if you receive a traffic ticket, you’re required to either pay the fine, contest the ticket, or appear in court by the specified date. Failure to do any of these results in a Failure to Appear (FTA) charge under California Vehicle Code Section 40508.
Consequences of Failing to Appear
The penalties for failing to appear can vary based on the severity of your traffic violation and your history, but common consequences include:
1. Bench Warrant
The court may issue a bench warrant for your arrest. While these are often not actively pursued for minor traffic matters, they remain on your record and could lead to arrest during a traffic stop or other interaction with law enforcement.
2. Increased Fines and Fees
An FTA often results in additional fines, which can significantly increase the original cost of your ticket. You may also face civil assessments of up to $300.
3. Suspension of Your Driver’s License
The DMV may suspend your driver’s license if the court notifies them of your FTA. Driving on a suspended license can lead to further penalties, including fines, vehicle impoundment, and even jail time.
4. Points on Your Driving Record
The original traffic violation may add points to your driving record, leading to higher insurance premiums and the potential for a license suspension if you accumulate too many points.
What to Do If You Fail to Appear
1. Contact the Court Immediately
If you’ve missed your court date, reach out to the court handling your case as soon as possible. Some courts allow you to schedule a new appearance date or resolve the matter online.
2. Request a Fee Reduction or Waiver
California courts sometimes allow defendants to request a reduction in civil assessments or negotiate payment plans for fines.
3. Clear Any Warrants
If a bench warrant has been issued, you can ask the court to recall it. In many cases, appearing voluntarily and explaining your situation can lead to the warrant being lifted.
4. Seek Legal Advice
An experienced traffic attorney can help you navigate the legal process, negotiate with the court, and potentially reduce or dismiss charges associated with the FTA.
How to Prevent an FTA in the Future
Mark Court Dates Clearly:
Keep track of all deadlines and court appearances related to your traffic matter.
Request Extensions if Needed:
If you cannot appear on the scheduled date, contact the court to request a continuance. Many courts allow you to request this online or by phone.
Consider Hiring Representation:
An attorney can appear on your behalf in many traffic cases, saving you time and ensuring your case is handled professionally.
Resolve Tickets Promptly:
Pay fines or contest tickets as soon as possible to avoid court appearances altogether.
FAQs About Failure to Appear in California
Can I Resolve an FTA Without Going to Court?
Yes, depending on your case. Some courts offer online or mail-in options to resolve traffic tickets and FTAs, including payment of fines or scheduling new court dates.
Will an FTA Stay on My Record?
An FTA is a misdemeanor under California law and may appear on your criminal record. Resolving the matter quickly can reduce its long-term impact.
What If I Missed My Court Date Due to an Emergency?
If you had a valid reason, such as a medical emergency, bring documentation to court. Judges are often lenient when there’s evidence of unavoidable circumstances.
Final Thoughts
Failing to appear for a traffic matter in California is a mistake that can escalate quickly if left unaddressed. Acting promptly, seeking legal guidance, and maintaining communication with the court can help resolve the issue and prevent further complications.
Have questions or need more information about handling an FTA? Leave a comment or reach out to a legal professional for advice.