20 Responses to “How Does DMV Treat a Failure to Appear? Here is the Law.”

1. chris October 22nd, 2008 at 8:14 pm

   How can i remove a suspension from my record after i get my license back? I had no knowledge that it was suspended. I went to dmv an got it taking care of but its on my record and it was never suppose to be suspended in the first place. I show proof to the judge but they reduced
   the charge to an infraction and want me to plead guilty to having no license
   when i actually had one at the time of the citation. they want me to pay 300 dollars for something that i was not guilty of. I showed the court my new license that help reduce the charge and the cop had no reason to pull me over. he pulled me over because i have a tinted license plate cover that is not really dark. I bought it from autozone and if that was illegal to have, then it should not be sold in stores.

   RESPONSE:

   RE: How can i remove a suspension from my record after i get my license back?

   There is no way to remove the entry of a prior suspension from the California DMVs records that I know of. I recommend you contact the DMV. The fact that you did not have knowledge of the suspension may be a defense to a criminal charge of driving on a suspended license. But it does not mean the license was suspended illegally.

   RE: but they reduced the charge to an infraction and want me to plead guilty to having no license when i actually had one at the time of the citation.

   If you believe your drivers icense was in fact \valid at the time they are claiming it was not valid, you should plead not guilty and demand a trial. Then, at the trial, show proof that your drivers license was valid at the time you were pulled over. But be careful - having a drivers license card in your pocket does not mean you have a valid drivers license.

   RE: i have a tinted license plate cover that is not really dark. I bought it from autozone and if that was illegal to have, then it should not be sold in stores.

   I recommend that you demand your money back from autozone.

   -Attorney Chris Dort

2. Brett July 8th, 2009 at 4:09 am

   \3 months ago I was given a traffic ticket for following too closely. Because I was irresponsible and basically unorganized, I missed my court date recently AND then failed to take care of it quickly. Today I was pulled over for a bad tail light in GA (just miles from my previous ticket) and discovered my license had been suspended. My only defense is that I’m young and haven’t had run-ins with the law previously….lame, I know. Nonetheless, a bench warrant had been issued and I got to spend the afternoon in prison before paying the bail of only $250. Tomorrow I’ll call the courthouse and find out what’s next for me.

   My question is this….after reading your blog post on misdemeanors vs. infractions….will this show up on pre-employment screens in the future??? If it helps, I WAS fingerprinted, BUT they said they didn’t THINK I had been convicted as yet (not sure how reliable a source the prison PD are). If it will show up, are my chances good of getting it reduced to an infraction? I’m assuming that would mean hiring an attorney as well? Thanks for your time and patience!

3. Christopher Dort July 10th, 2009 at 3:48 am

   Generally, if you go to jail, you are being charged with a misdemeanor crime or more serious offense. The Government is taking away your liberty, and they can only do that through the rules of the criminal processes. So it sounds like you are being charged with a misdemeanor crime. Misdemeanor convictions will usually show up on a through preemployment background check. To do your own background check to see what is there, I recommend http://www.InstantBackGroundCheck.com. There you can get detailed and pretty cheap background checks fast.

4. Sean Cummings August 26th, 2009 at 8:41 pm

   Christopher,

   I received an FTA this week over a ticket issued in July over having an unregistered vehicle in CA. At the time, I had OH plates. I went to the DMV and had my registration/title switched to CA and received my new plates within the alloted 30 grace period for this “fix-it” ticket. By my own stupidity, I thought this was my only requirement- I did not know that my plates had to be verified by a law enforcement officer to clear this matter up. I received my FTA notice in the mail and immediately paid it, fearing that my license would be suspended. The fine was $500. My question now is, considering I have proof that I registered my car on time- is there a way to be refunded part or any of that $500? I understand paying it is admitting guilt, but I thought I was required to pay this fee.

5. Christopher Dort August 26th, 2009 at 10:54 pm

   Sean, unfortunately, once you pay, the case is over and there is nothing you can do to get your money back. A court appearance probably would have saved you $390. Even if you miss a court date on a correctable violation like “registration” or broken tail light type violations, most judges will accept proof of correction late and make the adjustment They do not have to, but most will.

6. Criminal Record Expungement September 1st, 2009 at 10:00 am

   Can you give me any info on criminal expungement in texas? Thanks in advance!

7. Christopher Dort September 8th, 2009 at 9:20 pm

   Unfortunately, I do not know anything about Texas expungements. But we do have local sponsors there, and if you will fill out a case review form, I will get you a detailed review. Most states have a procedure for expungement after a misdemeanor probation term ends. The idea is that if you complete probation you have served your time and should be free from the problem. Serious or violent crimes generally do not qualify.

8. Bruce September 17th, 2009 at 11:29 pm

   I received a failure to appear for a traffic ticket that I forgot about. I was issued the citation in Jan 09.

   In January 09, I was ticketed in San Francisco, and unfortunately I forgot about the ticket by February. The ticket was processed into the system with the wrong address, even though the correct address is on the ticket, so I never received the courtesy notice as a reminder in the mail.

   I wouldn’t have known about the ticket had I not moved this summer from my old address, and updated my DMV records with my new address. That’s when I received the notice 8 months later (Sep 09), but by then it seemed it was too late to do anything. My license had been suspended in June 09 and I had no clue.

   I immediately called the court, and they explained to me that it was too late to do anything about resolving the matter and instructed me to pay the $1600 in fines (registration, missing front plate, proof of insurance, plus new court fees and a $300 civil assessment for failure to appear).

   I am hoping that I can post bail with the clerk in order to get on the calendar for an appearance with the court.

   Am I too late, or can I show that I have since resolved all violations with proof and hope the judge reduce the civil assessment?

   Note: I am aware it was my responsibility to appear on/or before the date written on the ticket, and that a courtesy notice is exactly that, a courtesy. I was shocked to see the DMV letter in my mailbox this month, as it was literally the first (successful) communication I have received about the citation.

9. Christopher Dort September 18th, 2009 at 8:12 pm

   Bruce, the bad news is that every county deals with this issue differently. Some courts make it easy to get a court date and allow you to present proof of correction (LA County), other courts basically screw people and do not allow them to do anything (San Luis Obispo, Solano). My recommendation would be this - go to the court clerks office in person at 8:00 on a week day other than wednesday (courts are closing on many Wednesdays and its hard to keep track of which) and ask for a walk in appearance. If they deny your request, ask for their local for “petition to vacate civil assessment” and fill it out and turn in. If that does not work out - fill out and file a “Request for Trial De Novo” using the Judicial Council Form, and where it states in Item #1 “Date Clerk Mailed Notice” write “No Notice sent or received”. That is the best I can recommend. Good Luck.

10. Mary September 25th, 2009 at 12:07 pm

    Several years ago, I received a speeding ticket in Douglasville, GA. Once I received my notice to appear in court, I requested an afternoon appointment from the Clerk of Courts, based on these facts:

    1. I lived in Alabama at the time and had started a new job. I was working 3rd shift, 11:00pm-7:00am and the court appointment was for 9:00am. With Georgia being 1hr ahead of Alabama, it would already be 8:00am in GA when I got off work at 7:00am in Alabama. From Alabama, the drive to Douglasville takes between 90-120 minutes.

    The clerk stated that there were no other openings available and that I would be fined an additional $150 on top of the $150 speeding fine, if I failed to appear. I could not take the time off, received a Failure To Appear and another morning appointment was set.

    I called the Clerk of Courts a second time, reiterated my predicamenttake and again requested a later appointment. Again, the Clerk stated that nothing else was available and that I would be fined another $150 if I failed to appear. I asked what my other options were because I absolutely could not take off time from work. The clerk stated that I could spend time in jail, which I agreed to do.

    2 days before I was scheduled to begin serving my time, I called the Clerk of Courts to get directions to the jail. The Clerk stated that she did not want to see me spend time in jail since I had never been in any legal trouble before, and gave me an afternoon appointment to appear before the judge. She said that she would speak to the judge on my behalf, concerning why I’d previously failed to appear.

    Turns out, she lied. She talked over me…the judge talked over me, and the only way to resolve the issue was to pay the (by now) almost $500 fine. When I paid the fine, I asked if there was anything else that I needed to do. “No, everything is fine, there are no points against your license, everything is fine…just stay out of trouble.”

    A week or so later, I received notice that my license had been suspended. I had to pay another $100. When I called back to Douglasville to question this, I was told that the license had already been suspended before I had been told that “everything is fine.” (Someone is lying because the woman looked up my license in her computer as I sat there paying the ticket) I sat there paying the fine…or at least she went thru the motions as if she were pulling my driving record up.

    I paid the license reinstatment fee but the Failure to Appear on my record keeps me from applying for certain jobs.

    How long does this Failure to Appear stay on one’s record in Georgia, and is there any way to have it removed, set aside or dismissed?

11. Jacquelyn April 15th, 2010 at 8:05 pm

    I received a ticket for expired registration. It was just a simple fix-it ticket for $25. I got my registration renewed and had a court appointment. However, on the paperwork, it said that you did not have to appear in court as long as you mailed the check and proof of correction. I mailed the check and the proof of renewed registration. However, it either got lost in the mail or was never processed because I received a “failure to appear in court” and the bail amount was $900. I went to the court the next day but they said since it was past the date my only options was to pay the entire amount or set up a court dat to appear in front of a judge. I set a court date for seven months away. The court removed the suspension of my drivers licese with the DMV.

    Now, my question is: I am applying for a new job and they are conducting a background check on me. Will this be used against me to gain employment?

12. Christopher Dort April 21st, 2010 at 5:02 pm

    Jacquelyn, a ticket for expired registration is not a $25 fix it ticket. Technically, it works like this in CA: Driving with an expired registration is an infraction with a fine of about $342 (See Vehicle Code section 4000(a)). However, it is a correctable citation, which means it can be dismissed if proper proof of correction is submitted prior to the deadline. Proper proof is the citation signed by a police officer on the back where it states that the correction was shown to the officer and approved. Once that proof is submitted, the court will dismiss the citation and charge the defendant $25 for the dismissal fee.

    However, one giant mistake that people make is they sen in a copy of their registration instead of the signed off citation. Just mailing in the registration papers from DMV WITHOUT AN OFFICER’s SIGNATURE does not count as proof of correction. You can bring the registration in to a court appearance works without a signature, but mailing it to the clerk without a signature does not work.

    As far as your background question goes, traffic citations and criminal charges (such as a failure to appear under vehicle code section 40508(a)) are public information. Anyone can look it up. But I cannot tell what your employer is looking for. They are a private company, and they make their own rules on who is eligible for employment and who is not. If you are trying to work for UPS or other transportation (driving) job, I would expect that the drivers license suspension and FTA record will cause a problem. If you are worried that this problem may cause the loss of a job, you should hire an attorney who knows how to get this case dismissed completely.

    Just as a side note: I actually had an expired registration citation myself last year. I got the registration current, and took my citation to the sheriff’s office with the car and registration papers. I ask them to sign off on the citation, and a Deputy did provide his signature after inspecting my car and papers. Then I send the signed off citation, the DMV papers proving registration, and the filled out courtesy notice I received from the court with a $25 check via priority mail with proof of delivery receipt reuested to the court clerk on time. I kept copies of everything. That is the correct way to solve a registration ticket problem.

    Second side note: The most common reason people do not receive the courtesy notice from the court on a citation like this is that they fail to keep the court updated on their current address. If you move after getting a ticket, you must notify the court of your new address.

13. Corey June 11th, 2010 at 9:36 pm

    Hi,

    I received a notice from the CA DMV on May 13th that my license would be suspended on June 12th for a failure to appear. With three days, I had paid the ticket off in full through the collection agency. Does that mean the suspension hold was lifted before it went into effect and I am done…or do I still need to go in and interact with the DMV?
    thanks,
    Corey

14. Christopher Dort June 17th, 2010 at 8:39 pm

    Corey, If you are not sure if your drivers license was suspended or not, do not drive at all until you contact DMV and verify the status of your license. Dont expect the problem to take care of itself. Be proactive, not reactive.

15. Pat August 4th, 2010 at 10:32 am

    Chris,

    The effort and detail you provide in this blog is much appreciated.

    If one had been ignorant to their legal options and had paid a collections agency for a delinquent fix-it ticket and additional civil assessment, what would be the lasting effects on their criminal record?

    Payment to the collections agency resulted in the hold on the license being removed, and based on your posts on this subject it would also mean that the person would be found guilty of a FTA misdemeanor, and all warrants would be cancelled, correct?

    You had said in another post that the court may elect to reduce the misdemeanor to an infraction before sending it to collections to prevent the accused from requesting a trial. Is this common or likely in Los Angeles county? Is it far more likely that paying the collections agency resulted in a misdemeanor conviction?

    In that case, would a petition to have this misdemeanor expunged be likely to succeed?

    Thanks again for the valuable information.

16. Christopher Dort August 4th, 2010 at 6:22 pm

    Pat, That is a really good question. You hit one of the mean reasons why I think that courts sending failure to appear cases to collection agencies are acting illegally.

    First, when you pay a collection agency, it is the same as admitting guilty to everything in the file.

    And the law states that a Vehicle Code section 40508(a) failure to appear charge is a misdemeanor. But when you are charged with a misdemeanor, you have the right to a jury trial, and they cannot accept a guilty plea to a misdemeanor without getting you first to waive your right to a jury trial in open court (or in writing).

    Courts that send the failure to appear cases to collection agencies prevent you from having the right to a jury trial (and the related right to a formal arraignment) by treating the Failure to Appear charge as an infraction - which in my opinion is a complete and total violation of the law. Read the text of 40508a and you’ll see what I mean. There are other laws that it violates as well in my opinion.

    So they charge you with a misdemeanor, but pretend it is an infraction without your permission so that they do not have to give you your misdemeanor rights.

    After you pay the collection agency, the record in the courts files and at DMV will show a VC40508a conviction, which is a misdemeanor according to the language of the statute.

    And from my experience, the court clerks and the collection agency people sitting in cubicles do not understand what any of this means, so they dont care. They didnt go to law school and learn when the right to a jury trial attaches and when it does not.

    Maybe I am wrong and there is something going on that I did not learn in my 12 years as a Criminal Defense Attorney, former Public Defender, Graduate of the University of California Hastings College of the Law, Editing Member of the Hastings Constitutional Law Quarterly and in my time as a Superior Court Judicial Research Clerk. Maybe I missed the day they taught us how all this works????? Maybe there is some secret I was too stoned to pay attention to during class? Maybe there is some District Attorney out there or other sworn officer of the court with a law degree that can explain it to me? Maybe I never read the part of the US Constitution that allows the government to add a civil assessment onto a case and then deny people the right to challenge it? Maybe the publishers of my little pocket edition US Constitution forgot to add that page? I dont know. I dont get it.

    I would not mind admitting I am wrong if I am, but I believe the courts are illegally screwing people out of the right to challenge cases after the court accuses them of missing a date. In my opinion, it’s a scam.

    As far as expungement goes, no you cannot get a VC40508a misdemeanor conviction expunged unless you were placed on probation. The successful completion of probation is a prerequisite for expunging a misdemeanor. And if they never put you on probation, you cannot get to that point.

17. Sheila Steverson August 10th, 2010 at 6:26 pm

    Chris,

    I am reading your very articulate and fluid thoughts on this and need your help. I live in San Diego and went through the same experience as Pat I believe. I received a notice from collection agency (for seatbelt violation) and threat of suspension. I paid the agency (it will stay on my record now for 7 years!!) and jumped through hoops to notify the DMV of the payment, etc. My insurance company has notified me of a huge increase in my rates due to the suspension. I wasn’t even aware my license had been suspended! Is there a way to remove this from my record (?)

    Help!!

18. Christopher Dort August 12th, 2010 at 12:24 am

    Sheila,

    Now that is a common question: Can I get the DMV record of a Vehicle Code 40509.5 hold suspension removed from my driver’s history report?

    As far as I know, there is no effective way to get that suspension removed complete after is happens. You can petition the DMV to “Expunge” their records if you can show god cause. But the DMV is not going to buy the old “I did not know my license was suspended” jib jab. That defense can help in court sometimes, because DMV fails to provide the right proof they notified you at your listed DMV address. But it does not work with DMV, because the law requires you to notify DMV of any change of address, and they are going to have proof in their own records that they tried to send you a notice of suspension. And your Due Process rights on a drivers license suspension are not the same as in a criminal trial - where proof beyond a reasonable doubt is required. Driving is a privilege, not a right.

    I’ve never found an effective way to remove a Veh Code 40509.5 failure to appear suspension record from a DMV report after it has happened. You can write to the DMV and ask them to expunge it, but dont hold your breath.

    Now - it would be a different story if you did not pay the collection agency and instead pleaded not guilty, posted bail, and demanded a trial and won. If you won the trial, then you could demand DMV erase the record on the ground that you were proven innocent.

    Maybe someone out there has a better idea??

19. Lesley Young August 17th, 2010 at 8:56 pm

    This is absolutely amazing! Thank you for all your responses!
    I live in Van Nuys, CA
    I was pulled over for expired tags and got a ticket. I went to the courthouse before the deadline with proof of my renewed registration and was told I had to pay $25 fee. I didnt have any money on me, so the clerk gave me an extension to come back with the $25. Like an idiot, I completely let it slip my mind and got a letter from the court saying i have to pay $949.00 within 10 days. It gave me no alternative (jail, community service, etc.) I know it’s my fault for forgetting, but there’s no possible way I can pay any of that. I was laid off 3 weeks ago and am trying desperately to find a job while I wait for unemployment, and I have no money in my bank whatsoever, I’m already behind on rent this month. I would happily pay and get it over with if I could, but I literally have nothing in my bank I can offer them.
    Again, I have no good excuse as to why i was unable to meet the deadline, and I am kicking myself in the rear for it, but there has to be another form of penalty since I can’t fork out $949 just like that.
    What are my options?? I am terrified of going to jail, but if that is the only alternative, then I have no choice since i literally cannot pay. I’m praying there is another way…. 10 day deadline is 8/20/10 so just a few days. Im worried about going into the courthouse unprepared though.
    Any advice you can give me is greatly appreciated! Thank you for taking the time to read my post.

20. Christopher Dort August 24th, 2010 at 6:22 pm

    Lesley,

    Go to the courthouse at 8 am and ask for a walk in court appearance. Once in court, ask the judge to allow you to pay the original “dismissal” fee and end the case.

    Your drivers license is probably suspended because of this matter. Do not drive at all until you contact DMV and can verify that your drivers license is valid. Make sure DMV has your current address.

    Once the case is cleared, you will have to go to DMV in person to get your drivers license reinstated. After a drivers license is suspended because of a failure to pay (VC 40508 or 40509), the driver must to go DMV after clearing the VC40509.5 drivers license hold.