Pursuant to California law an intentional violation of a promise to appear in court, or
of a lawfully granted continuance of a promise to appear, is a misdemeanor, even if the original
charge is an infraction, i.e., it is punishable by a fine of up to $1000 (plus the penalty
assessment) and/or by up to six months in jail. The prosecutor or the court may reduce the charge of
a failure to appear to an infraction. According to one
Kern County Failure to Appear Attorney, an
appearance by a lawyer is enough to satisfy his or her compliance with a promise to
appear. When a traffic violator fails to appear, the court has the power to
Issue a bench warrant for the defendant’s arrest. Treat the failure to appear as an
election to have a trial by written declaration upon any alleged infraction. Impose a
civil assessment penalty of over $1000 for a continued failure to appear ten days after mailing a
warning notice to the defendant by first-class mail to the address shown in the notice to appear or
to the defendant’s last known address. If the defendant appears within the time
specified in the notice and shows good cause for the failure to appear, the Judge in a given
traffic tribunal must vacate the assessment. If a civil assessment is imposed, no bench
warrant or arrest warrant may be issued because of the failure to appear, and any outstanding,
unserved warrant may be recalled by a
Kern County Speeding Ticket
Attorney. The Court must Notify the DMV of the defendant’s failure to appear.
The court must mail a courtesy warning notice to the defendant at least ten days before
sending notice to the DMV. Until the DMV receives a certificate from the court that the
defendant has subsequently appeared or otherwise satisfied the charge, the California DMV may not
issue or renew a driver’s license for the defendant.
One
FTA Lawyer in Mojave CA points out that a
vehicle owner who is not the driver also may fail to appear in response to an unsigned
owner-responsibility notice to appear, e.g., after a speeding ticket in CA is issued at
truck scales because a vehicle is not properly equipped or not in compliance with size, weight, or
load provisions. If the defendant fails to appear, deposit bail, or plead no contest or the option
of guilty, a verified complaint must be filed that informs the defendant that unless he or she
appears in court within 21 days from receipt and answers the charge (rather than the usual 10 days),
the court may notify the California DMV to put a hold on the vehicle’s registration or may
issue an arrest warrant.