If you were required to appear in court for a traffic citation, even a minor infraction, and did not comply with the order, you could face significant consequences. Not showing up to court to respond to a traffic citation is a crime, per CA Vehicle Code 40508a – Failure to Appear for a Traffic Ticket.
With our Los Angeles DUI lawyer representing you, we may be able to get failure to appear (FTA) charges reduced or dismissed. You can review your legal options with our team during a consultation.
California Vehicle Code 40508a Explained
California Vehicle Code § 40508a establishes that a person who willfully violates his or her written promise to appear in court for a traffic citation is guilty of a crime. Under this law, not showing up for a court date is a misdemeanor offense, even if the citation was only for an infraction.
An infraction is a minor offense, not a crime. The maximum punishment for an infraction in California is a $250 fine, and there is no possibility of jail time. A misdemeanor charge, however, carries a maximum sentence of a year in jail and/or fines.
What Happens When You Get a Traffic Citation in California?
When a law enforcement officer pulls you over and issues a traffic violation, they will ask you to sign a “Notice to Appear,” which lists the charges against you. It also lists the date the criminal offense occurred and the date when you must attend court.
By signing, you do not admit guilt. However, you do promise to appear in court by the date shown. If you refuse to sign the ticket, California law requires the officer to take you into custody to go before a judge.
Penalties for Failing to Appear for a Traffic Ticket
Should you fail to appear in court on your assigned date, you can face the following penalties:
- Up to six months in county jail
- A maximum fine of up to $1,000 maximum
- Both jail time and a fine
- Loss of driving privileges for up to 30 days
- A hold on your driver’s license
Driver’s License Suspension
When the state orders a hold on your license, California’s Department of Motor Vehicles (DMV) can suspend your license, making it illegal for you to drive on a suspended license in California until your suspension is lifted. The severity of your penalty is often affected by whether you have a criminal record or have faced these charges before.
If you or a loved one is in this situation, you can consult with our Los Angeles attorney, who can review your case, tell you what to expect, and seek the best outcome. You can challenge the citation and seek to keep it off your record.
Defendants Can Get a Bench Warrant for Not Showing Up to Court
A judge can issue a bench warrant for your arrest if you fail to appear in court. This means officers have the right to arrest you and bring you before a judge. The potential for being treated with leniency by the court is generally lower for offenders brought in through bench warrants.
A bench warrant also remains on your record until the court system clears it. Any of these penalties can significantly affect your life. They can disrupt your education or employment opportunities and family life and hurt you financially.
It can also prohibit where you can travel and even affect your insurance rates. If you have been charged for failing to appear for a traffic ticket, consult with a Los Angeles traffic attorney. We can build an effective defense to reduce or dismiss your charges and penalties.
What Happens if a Failure to Appear for a Traffic Ticket Involves a DUI?
If your Failure to Appear citation involves a driving under the influence (DUI) charge, it could complicate the consequence of an FTA. You could face more penalties, such as increased jail time or fines for the failure to appear in court and penalties in the DUI case.
If the court orders you to pay additional fines, it could cost more than the original ticket in the long run. If these financial fines go unpaid, the court could assign your debt to a collection agency. Once the agency takes over the debt, they can use various methods to get you to pay, including sending you demand letters, making phone calls, and reporting the unpaid money to the credit bureaus.
You also could have a longer probation period and complete additional obligations, such as attending and completing an alcohol education program. With so much at stake, it’s better to comply with the summons and attend court. You can hire an attorney to take on your case and represent you.
How a Los Angeles DUI Attorney From Our Firm Can Defend You
For the charges against you to stand, the prosecution must prove you violated CA Vehicle Code 40508a – Failure to Appear for a Traffic Ticket. This requires proving you received a traffic citation, signed a written promise to appear in court for that citation, and willfully failed to appear.
A “willful” failure is intentional. The prosecution does not have to prove you are guilty of the traffic violation for which you received the ticket. A Los Angeles criminal defense attorney will know how to defend you against these criminal charges.
Judges have leeway in deciding whether to accept excuses or defenses for your failure to appear, and your lawyer will know which defense best represents your situation.
Failure to Appear Was Not ‘Willful’
Your lawyer may argue that you did not purposefully miss your court date due to willful failure. You may have been unaware of the date. You may have been on your way to court when you were in a car accident or got stuck in traffic because of an accident or construction.
If you were using public transportation, your bus or train may have been running late or not running at all. Whatever the case, your lawyer will argue you were not attempting to avoid the appearance and potential penalties intentionally.
You Did Not Sign the Citation
Officers must take you into custody should you refuse to sign a traffic citation. If you did not sign and were not taken into custody, your lawyer could argue your failure to appear is due to the officer’s error, not yours.
You Had an Emergency
If an emergency prevented you from appearing in court, for example, a medical episode or a death in the family, your lawyer can provide proof of that emergency and arrange for a witness to speak on your behalf. Your emergency has to be legitimate to convince the court.
Surprise parties and other social gatherings or simply poor planning on your part are not acceptable excuses. A Los Angeles traffic lawyer on our team will know how to present your case to the court.
Failure to Appear Convictions Can Be Expunged From the Record
Some offenders are eligible to have failure-to-appear convictions expunged from their records. Expungement removes many of the consequences associated with this conviction. For example, expunged convictions do not have to be reported to potential employers and cannot be used against witnesses giving testimony in court.
It is also easier to obtain professional state licenses when convictions do not show up on your record. Our Los Angeles DUI and traffic ticket attorney will know whether you qualify for expungement, file the request, and represent you at court proceedings.
Call Us Today for Help From a Los Angeles DUI Attorney
A minor traffic violation can snowball into a larger offense with significant penalties if you fail to appear in front of a judge for that violation. To prevent that from happening, call a Los Angeles DUI attorney for legal advice and representation today. You can also contact us online.