Missing a court date for a traffic citation in California can lead to more serious trouble than many people expect. Even if the original traffic violation was minor, failing to appear can lead to criminal charges, jail time, and a suspended license.
Under California Vehicle Code § 40508(a), this is treated as a misdemeanor offense. If you’ve been charged with failure to appear, you must act quickly. Connect with a Los Angeles DUI lawyer today to discuss your legal options and find out what steps to take next.
What Is California Vehicle Code 40508(a)?
California Vehicle Code § 40508(a) makes it a crime to ignore a written promise to appear in court for a traffic ticket. When a driver signs a ticket, they agree to either appear in court or resolve the citation by the due date.
Not showing up as promised is considered a willful violation of that agreement, even if the original violation was only a civil traffic infraction like speeding or running a stop sign. The key term here is “willfully.”
If prosecutors can prove someone intentionally skipped their court date, the person can face criminal consequences.
Legal Penalties for Failing to Appear (FTA) in Court
A failure to appear (FTA) charge can carry the following consequences:
- Up to six months in county jail
- A fine of up to $1,000
- A combination of a jail term and fines
- A hold on or suspension of your driver’s license
- A bench warrant issued for your arrest
Even if the initial traffic violation carried no potential for jail time, missing your court date can escalate the situation dramatically. If you have a history of failure to appear in court, the criminal penalties can be more severe.
Judges may be less willing to accept explanations or valid excuses, and the risk of a jail sentence or a longer license suspension increases.
How FTA Charges Affect Your Driver’s License in California
An FTA can lead to a license hold or full license suspension. That means you might not be able to renew your license or legally drive until the matter is resolved. In California, driving while your license is suspended is a separate criminal offense.
It can lead to additional harsh penalties, including more fines and the possibility of jail time. For many people, a suspended license creates daily challenges. Getting to work, taking kids to school, or running basic errands becomes much harder.
That’s why resolving these charges and traffic infractions quickly is so important. You can review your legal options and get legal advice from an experienced traffic ticket attorney on your next steps. Call Los Angeles DUI Lawyer today to be connected to a local attorney for a free consultation.
What Is a Bench Warrant?
If you don’t show up for court, the judge can issue a bench warrant for your arrest. This allows law enforcement to take you into custody and bring you before the court. Bench warrants do not expire and can affect your background checks, job applications, and travel plans.
Some people only find out about a bench warrant when law enforcement pulls them over for a routine traffic stop. Others discover it during background checks for a job, loan, or apartment.
In some cases, unpaid fines tied to a failure to appear are sent to collection agencies, which can lead to frequent calls, letters, and damage to your credit.
Once a collection agency gets involved, settling the matter may become more complicated and stressful. Taking care of all legal issues early can help you avoid these added consequences.
What to Expect When a DUI Involves a Missed Court Appearance
If the original ticket involved a DUI charge, the legal consequences for not appearing in court are often more severe. You could face:
- Additional jail time
- Higher financial fines for the failure to appear in court
- Lengthened probation periods
- Mandatory alcohol education programs
An FTA linked to a DUI can also affect any plea deal that may have been available before the missed court date. The court may see the failure to appear as a sign that you aren’t taking the charges seriously, making it harder to negotiate.
How a Defense Lawyer Can Help With Failure-to-Appear Charges
An experienced traffic attorney can work to reduce the effects of an FTA charge. Here are some ways a legal professional may help:
Argue That the Failure Was Not Willful
Sometimes people miss court for valid reasons: medical emergencies, transportation issues, or receiving the notice late. A lawyer can present evidence showing that the missed date wasn’t intentional or a willful failure.
Challenge the Underlying Citation
If the ticket itself was issued in error or the driver did not sign a written promise to appear, it may be possible to challenge the basis of the FTA charge.
Request to Recall a Bench Warrant
An attorney may be able to ask the court to recall the bench warrant, especially if this is your first offense or if there was a misunderstanding.
Work Toward Dismissal or Reduction
Depending on your driving record and the circumstances, the court might be open to dismissing or reducing the charge. Legal counsel can present your case in the best possible light.
Common Defenses for Failing to Appear Cases
Every case is different, but here are a few defenses often used in VC 40508(a) cases:
- No notice: You didn’t receive proper notice of the court date.
- Incorrect address on record: You may not have received notice of your court date if the citation or court documents were sent to the wrong address. If you never got the notice, the failure to appear may not have been willful.
- Emergency circumstances: You had a legitimate emergency and can show proof.
- Miscommunication: You believed the issue had been resolved or were told no court appearance was needed.
- Ticket wasn’t signed: If the citation was not signed, the agreement to appear may not be valid.
The outcome often depends on how quickly the situation is addressed and whether you can provide documentation supporting your claims.
Can You Get a Failure to Appear Charge Expunged?
Yes, in some cases, a conviction for failure to appear may be expunged from your criminal record. This can help with:
- Employment background checks
- Applications for housing
- State licensing requirements
Expungement does not happen automatically. It requires filing a petition with the court and attending a hearing. A criminal defense attorney can determine if you’re eligible and guide you through the legal process.
Steps to Take if You Missed a Court Date
If you think you missed your court date or know a warrant may be out for your arrest:
- Do not ignore the issue. Acting quickly gives you a better chance to resolve the charge before it leads to more severe consequences.
- Check the court’s website or contact the clerk to confirm your case status.
- Talk to an experienced traffic ticket lawyer as soon as possible.
- Gather documents or proof if you had a valid reason for missing court.
- Avoid driving if you suspect your license may be suspended.
Taking prompt action is the best way to minimize the legal consequences.
Facing a Failure to Appear Charge? Get Legal Help Now
Failing to appear in court for a traffic ticket may seem like a small mistake, but it can lead to criminal charges, fines, jail time, and a suspended license in California. Whether the missed court date was due to confusion, an emergency, or an oversight, there are legal ways to handle the issue.
If you’ve been charged under California Vehicle Code 40508(a) or believe a warrant may have been issued for you, speaking to a legal professional is a smart first step. The longer the matter goes unresolved, the harder it may be to resolve.
Call Los Angeles DUI Lawyer today to be connected with a local attorney for a free consultation.
