Key Takeaways:
- Failure to appear in court for a traffic ticket in California is considered a misdemeanor.
- Penalties may include a fine of up to $1,000, license suspension, additional charges, and jail time.
- A Failure-to-Appear (FTA) violation can also impact your credit rating, making it difficult to secure financing in the future.
- Court appearance isn’t always mandatory. If you’re charged with a minor traffic offense and pay your ticket, you likely won’t need to go to court.
- Depending on your situation, you may be able to request a trial by written declaration instead of appearing in court.
- It’s possible to clear an FTA or reduce the charges if you have a valid reason for your absence.
When you sign a traffic ticket, you must pay the fine or go to court by the date listed on the ticket. If you ignore the ticket and refuse to pay or miss your court date, you could face additional charges.
Failure to appear in court for a traffic ticket in California may result in fines, license suspension, misdemeanor charges, or even jail time.
If you’ve missed a court date, read on to discover the potential consequences, how to fight your charge, and more.
What Is Failure to Appear?
Failure to Appear (FTA) is a misdemeanor charge for missing a court date.
In the context of traffic law, if you refuse to pay your ticket and don’t attend court at the time and date you agreed to, you’ll be charged with Failure to Appear. The same will happen if you have the legal obligation to go to court but don’t show up.
All traffic tickets, including those issued for minor offenses like speeding or running a stop sign, have a court listed at the bottom. There are two situations where you must appear in court:
- You want to fight the ticket
- You’re legally required to go to court
In either case, you have to sign the ticket. If the citation was issued for a minor offense, you must pay the fine OR go to court by the due date.
If you’ve been charged with a criminal offense, such as a DUI or reckless driving, then you have the legal obligation to appear in court.
What Happens If You Miss a Traffic Court Date?
Missing your court appearance will trigger a sequence of events with legal consequences.
You’ll Get a Notice in the Mail
First, you may receive a notice of failure to appear by mail. After that, you may be given a grace period to pay your ticket, attend your hearing, or do whatever you’re supposed to do based on the offense you’ve been charged with. (Whether you get a grace period and how long that period is depends on the court.)
“If you get an FTA notice, the first thing to do is immediately check the court’s website or call their office,” says Mark Shayani, lead attorney at Pacific Attorney Group. “Many courts offer online tools that let you resolve minor issues quickly without a personal appearance. Sometimes, you can even pay your fine or request a new hearing date from your phone.”
If You Ignore It, Expect Further Action
If you ignore the notice, the court will take further action against you. Expect to receive a bench warrant, pay civil assessment fees, and have your driver’s license suspended. You could also be found guilty in your absence and arrested or have your case sent to a collection agency.
Note that some judges may not be willing to give you a grace period at all. Instead, they’ll issue a bench warrant to bring you to court.
“One mistake people often make is assuming that just because they didn’t show up, the ticket will disappear,” Shayani said. “The court typically issues an automatic default judgment, which means they might increase your fines or even issue a bench warrant. This can escalate the problem quickly. Stay proactive instead.”
You May Have to Explain Yourself in Court
Once in court, you must explain the reason for missing your hearing. The judge may reduce or waive the Civil Assessment fees if, say, you were on active military duty or taking care of a sick loved one at the time of the trial. But you have to bring supporting evidence, such as proof of hospitalization.
Your best bet is to seek legal assistance if you miss your court appearance. A traffic lawyer can gather evidence in your favor, reduce the charges against you, or even get your ticket dismissed.
They’ll also help you prepare for the hearing to increase your odds of success. For instance, they may advise you on what to wear to traffic court to make a good impression and appear professional.
Consequences of Failure to Appear in Court for a Traffic Ticket in California
Failure to appear in traffic court can impact your driving privileges, your wallet, and just about every aspect of your life. Not only could you have your driver’s license suspended, but you may also face jail time and have your wages garnished.
Here’s a breakdown of what to expect:
Additional Charges
If you don’t appear in court or pay your ticket and the associated fees, you’ll be charged with a misdemeanor. This applies even if you’re not found guilty of the original charge.
Missing a court hearing can also escalate an infraction into a misdemeanor. This means that illegal turns and other infractions could result in up to six months of county jail time.
See our guide to misdemeanors and infractions in California to gain a better idea of what these charges entail.
Increased Fines
According to the Superior Court of California, failing to appear in court or pay your fine by the designated date will result in a $100 civil charge. This is in addition to whatever the original penalties were, the court costs, and another $100 added for any subsequent missed court dates or due dates.
On average, an FTA violation can end up costing up to $500-$1,000. This doesn’t include other ways that court can cost you money, such as increased insurance rates and lost wages from taking a day off of work.
You may also be referred to a collection agency, which can negatively impact your credit score. This could also potentially lead to wage garnishment, tax liens, refund intercepts, and bank levies.
Driver’s License Suspension
The court may notify the California DMV about your failure to attend the hearing, resulting in license suspension.
This restriction will be in place until you pay your ticket or appear in court and solve your case.
Bench Warrant for an Arrest
Failure to appear in court for a traffic ticket can also result in a bench warrant. This document grants police officers the right to arrest you and bring you to court for a hearing.
After that, the judge may remove the warrant or impose jail time. In general, judges rarely issue bench warrants for minor traffic infractions like red light camera tickets or unsafe lane changes.
DMV Hold on Vehicle Registration
The DMV may place a hold on your vehicle’s registration upon the court’s notification. Therefore, neither you nor your family will be able to use the car.
Potential Jail Time
Missing your court date could put you in county jail for up to six months. However, the judge may choose to place you on probation unless you’ve been charged with a serious offense.
Points on Your Driving Record
As mentioned earlier, the judge may convict you in your absence if you fail to appear in court. This means you won’t be able to defend yourself and fight the ticket, which can add points to your driving record.
A Poor Credit Score
If you fail to appear and pay your ticket and whatever fines or fees were imposed on you, the court will forward your debt to collectors. This will negatively affect your credit score, making it harder to get a loan or credit card in the future.
Wage Garnishment and Liens
When your debt is sent to a collection agency, they may seize your wages.
In California, the garnished amount cannot exceed 20% of your gross income. The actual amount may be even lower if your earnings are already being garnished to pay child support or other debts.
Collectors can also place a lien on your house, personal vehicle, or other assets to recover unpaid debts. In some cases, they may even be granted the right to take money from your bank account.
Ineligibility for Traffic School
Attending traffic school will mask one point from your record and keep your car insurance rates from going up. If you can resolve the FTA, ask the court about this option.
Higher Insurance Premiums
The points added to your driving record can lead to higher auto insurance premiums.
For instance, California drivers who get just one speeding ticket end up paying around $643 more for full coverage insurance compared to those with a clean driving record.
Again, you can mask one point by completing a traffic school course if the court determines you are eligible.
How to Clear a Failure to Appear in California
So you’ve been charged with a Failure to Appear violation. What now? Here’s a step-by-step breakdown for fighting your charge:
1. Be Proactive and Show up to Court
You’ll likely find out you’ve been charged with an FTA violation through a notice in the mail. The first step is to bring that notice to the courthouse.
Follow the instructions on your ticket and find the right customer service window to get your next steps. In most cases, you’ll be required to post bail on your case and set a court date.
2. Get a Copy of the Original Ticket
The traffic clerk should be able to get you a copy of the original ticket if you lost yours. This is an important piece of documentation to have.
3. Attend the Hearing and Plead Not Guilty
If you plan on fighting your case, you should plead not guilty before the judge.
Note, however, that there are only a few valid legal arguments for failing to appear in court:
- You were hospitalized or had a medical emergency
- You took care of an immediate family member who was hospitalized at the time of your hearing
- You were incarcerated under a separate charge
- You were involved in an accident that prevented you from getting to court
- You were on active duty
- Other extraordinary reasons (e.g., the death of a family member)
4. OR Ask for Leniency
If you don’t have a valid legal defense for missing court or paying a fine late, you must put yourself at the court’s mercy and do everything in your power to receive a lenient punishment.
5. Attend the Court for Your Original Charge and Pay the Required Fines
A Failure-to-Appear violation is added on top of any underlying charges.
Therefore, you will still need to settle the original traffic violation through the court by pleading your case, paying any fines, or completing traffic school.
Fight Your Ticket without Going to Court
If you want to fight your ticket without going to court, you can contest it through a trial by written declaration (TBWD). This way, you can avoid having to worry about getting a Failure to Appear. Just make sure you submit your request for a TBWD within 45 days of the original citation.
If the judge finds you guilty after reviewing your TBWD, you can appeal and attend court in person. This is a good opportunity to hire an attorney to help with a fresh case.
Note that you may not request a Trial by Written Declaration for DUI offenses or criminal charges, such as reckless driving that resulted in someone’s death. In such cases, your only option is to go to court.
Can You Go to Traffic School for Failure to Appear?
Traffic school can help reduce the points associated with the ticket you received. If, say, you’ve been charged with tailgating, you can complete a traffic course to mask one point from your record.
However, attending traffic school won’t minimize the impact of an FTA, which is a separate charge. In fact, you must clear the FTA before enrolling in traffic school.
Here’s how it works:
- Attend your arraignment to clear the FTA
- Plead guilty to your traffic ticket
- Pay any fines and fees, including the court administrative fee for traffic school
- Sign up for a DMV-approved traffic course
The judge will let you know whether or not you’re eligible for traffic school. Or you can simply ask if that’s an option.
If you get the court’s approval to take the course, consider attending the Best Online Traffic School.
Our training program is licensed by the California DMV and can be completed online from any device. We’re also one of the few traffic schools offering courses in Spanish and Chinese.
The best part is, you’ll only pay when you pass the final exam (which includes unlimited retakes!). After that, we’ll submit your certificate of completion to the court and DMV.
Get a leg up on your traffic ticket and avoid the hassle of paying extra for car insurance. Start traffic school for FREE today.
Final Thoughts
The best defense for a Failure to Appear is never to receive one in the first place. Whenever you get a ticket in California, read it carefully and attend the hearing on the date designated by the court.
If, for some reason, you can’t or don’t want to appear in court, request a trial by written declaration. This can be a valid option for drivers charged with minor offenses.
Last but not least, ask the court for permission to attend traffic school in California. Think of it as an opportunity to clean your driving record, refresh your knowledge of traffic laws, and keep your auto insurance rates low.
FAQs About Failing to Appear in Court for a Traffic Ticket in California
Still need some information? Here are the answers to some frequently asked questions.
Can I just pay my ticket and not go to court in California?
Yes, you can pay your ticket without going to court if you’ve been charged with a minor offense. If you must appear in court, you will be notified of this on your ticket.
How long do you go to jail for failure to appear in California?
An FTA charge in California can result in up to six months of jail time. You may also have to pay a fine of up to $1,000.
What if the cop doesn’t show up to traffic court in California?
The judge may dismiss your case if the police officer who issued your ticket doesn’t show up in court. However, the prosecutor can request a new court date if the officer has a valid reason for being absent.
Is there such a thing as a mandatory court appearance for a traffic ticket in California?
Some traffic violations, such as hit-and-runs or driving under the influence of alcohol, require your presence in court.
This information is usually listed on the ticket. In some cases, you may receive a courtesy Violation Information Notice by mail within two to three weeks after getting your ticket. This document will state whether or not you must go to court.
What happens when a traffic ticket is sent to collections?
This is called an “in collections FTA.” For starters, you may have your wages garnished. The court may also allow collectors to put a lien on your property and withdraw funds from your bank account.
How do I extend my court date on a traffic ticket in California?
If you can’t attend court by the due date, you may ask for an extension by mail, over the phone, or in writing. The exact requirements depend on the traffic court.
Your request will be processed by the clerk unless you’ve been charged with a criminal traffic offense. If you’re dealing with a criminal charge, you may need to request a hearing and ask the judge for a court date extension.
How long does it take for a warrant to be issued on an FTA in California?
Most courts will issue a failure to appear warrant immediately after the missed court date. However, the exact timing may vary from one court to another, depending on their schedule and procedures.
