Missed Your Traffic Court Date in California? What Happens and What to Do

What can happen after a missed date

Vehicle Code section 40508 makes it a misdemeanor to willfully violate a written promise to appear in court. That charge is separate from the original ticket, so a speeding infraction can come with a criminal charge attached. The court can also add a civil assessment and report the failure to appear to the DMV, which can lead to a suspension of your driving privilege until the matter is resolved.

Courts treat missed dates differently depending on the circumstances. A person who was in the hospital, never received a courtesy notice or misunderstood the date is often in a different position from someone who ignored the ticket for years. That is why it helps to act quickly and to explain what happened.

First steps

Look up your case on the website of the superior court in the county where you got the ticket, or call the traffic clerk. Find out whether a failure to appear has been added, whether a civil assessment was imposed and whether the court has notified the DMV. Ask what options the court offers to get back on the calendar, for example by appearing in person or by filing a request online.

If you cannot afford the full amount, the California courts explain that you can ask the court to lower the fine or to set up a payment plan based on your ability to pay. Many courts offer this through an online tool or a form. Do not ignore a letter from a collection agency acting for the court; it often means the case is still open.

• Have your citation number or driver license number ready when you call.
• Ask whether there is a hold on your license and how to lift it.
• Keep copies of every payment and court document.

When to talk to an attorney

Talk to a criminal defense attorney if a misdemeanor failure to appear charge has been filed, if you have several old tickets in more than one county, if there may be a warrant, or if you hold a commercial license. An attorney can often appear for you on an infraction or a misdemeanor and ask the court to recall a warrant or set aside the failure to appear. If your license is suspended, do not drive until it is reinstated: driving on a suspended license is a separate offense.