Did you receive a traffic ticket in California? Are you now being accused of failure to appear in court? A failure to appear is almost always fixable, especially with quick action. A Los Angeles traffic ticket lawyer at Fight My Ticket can help you clear it up. Call (323) 435-6045 for a free consultation.
Why Choose Fight My Ticket to Help With a Failure to Appear?
After a ticket, you’ll get a court date. If that court date passes without action, the problem does not disappear. Instead, it grows. A missed deadline can turn a routine ticket into a separate criminal charge, complete with a bench warrant and added fees.
But failures to appear can sometimes be attributed to a lack of notice or scheduling confusion. In almost all cases, these offenses can be addressed with strong representation from a Los Angeles traffic ticket attorney.
Fight Your Ticket stands apart because:
- More than 30 years spent navigating Southern California traffic courts and their procedures
- A proven history of clearing tickets, warrants, and the fallout that follows a missed date
- The ability to step in and appear for you in many cases, so you steer clear of the courtroom
- Firsthand knowledge of how individual courthouses handle bench warrants and civil assessments
- Honest, upfront pricing backed by a no-cost initial consultation
A missed court date does not have to derail your life. Call us today and let our team handle it.
Do I Have to Go to Court for a Traffic Ticket?
For most traffic infractions, you are not required to appear in person, but you must respond to the court by your due date. You can usually resolve an infraction by paying the fine, requesting traffic school if you are eligible, or contesting the ticket. In many cases, an attorney can appear for you so you never have to take time from work or other obligations.
Some situations do require a court appearance. Misdemeanor traffic offenses, such as reckless driving or driving on a suspended license, generally call for you or your attorney to appear before a judge.
Whether you must attend in person or not, you cannot ignore the ticket. Responding on time is what keeps a minor citation from turning into a separate criminal offense.
What Constitutes a Failure to Appear?
A failure to appear (FTA) happens when you do not appear or otherwise respond to your ticket by the required date. Under California Vehicle Code Section 40508, willfully failing to appear is a misdemeanor, and it is a separate offense from the original ticket. You can be charged with a failure to appear even if you would have beaten the underlying ticket.
The word “willfully” describes an intent element. The law is aimed at drivers who choose to ignore the court, not those who miss a date for reasons beyond their control. If you never received notice of the date, or an emergency prevented you from appearing, you may have a valid defense.
In most cases, the court does not impose penalties the instant you miss a date. It typically mails a notice giving you a short window to respond before a civil assessment is added or a warrant is issued.
That notice is your opportunity to act. Responding within the stated timeframe can help keep the situation from escalating. Ignoring the notice will cause the penalties to stack up.
What Are the Penalties for Failure to Appear?
The consequences of a failure to appear can be serious. Depending on your case, they may include:
- A separate misdemeanor charge under Vehicle Code Section 40508
- A bench warrant for your arrest, which stays active until it is resolved
- A civil assessment of up to $100 added to your original fine
- Additional court fees and referral of your debt to a collection agency
Fortunately, California courts generally no longer report traffic failures to appear to the DMV. However, the failure to appear is still a criminal offense.
Defense Strategies and Ways to Resolve Failure to Appear Charges
A failure to appear can almost always be resolved, and acting early gives you the most options. Common approaches include:
- Recalling the warrant. An attorney can often appear in court to recall or quash the bench warrant without you being taken into custody.
- Showing the failure was not willful. If you did not receive notice or had an emergency, that lack of willfulness is a defense to the charge.
- Requesting to vacate the civil assessment. If you had good cause for missing the date, you can petition the court to have the assessment removed.
- Resolving the underlying ticket. Clearing up the original citation is a key part of putting the whole matter behind you.
Each courthouse and judge handles these cases a little differently; therefore, having an attorney who knows the local process makes resolution faster and smoother.
Contact a Los Angeles Traffic Ticket Lawyer for Help
A missed court date is stressful, but it can be addressed. With legal help, you can clear the warrant and resolve both the failure-to-appear charge and the ticket associated with it.
At Fight My Ticket, we can help you resolve your traffic tickets and the complications that come with them. Contact us today at (323) 435-6045 for a free consultation to learn more about how we can help.
