Failure to Appear For a Traffic Citation, What Next?
I often times deal with speeding tickets and other traffic tickets that have been forgotten. Many people mistake their court date, or completely forget about their court date on traffic tickets. So what happens next? Well, it depends on what the charge was and where it was to be heard.
The first thing that will surely happen after a traffic ticket failure to appear is the DMV will be noticed. Upon this notice, your license will be suspended indefinitely until you've remedied the problem. This problem will follow many people to other states' DMVs, as all the DMVs are networked essentially. On the bright side, you can have your matter re-calendared for hearing and DMV will get that notice and unblock your license accordingly. DMV notice can take 24 hours, or in some cases I've seen it take weeks before it goes through. Either way, you must have the failure to appear matter reset.
Will they issue an order for my arrest?
Not always on traffic infractions or misdemeanor traffic matters, but sometimes yes. I've had several clients who failed to appear for their traffic ticket and a bench warrant for their arrest was issued and outstanding.
How can my traffic attorney help me now?
If you've failed to appear for a speeding ticket in Asheville, Buncombe County assistant DA's will be able to reset the hearing for a later date. I can help you in this way by getting to the Assistant DA to get this reset done ASAP. I then make sure the Clerk's Office files it, that way DMV will get the update as immediately as possible. After the traffic ticket issue is reset, we can then move on to disposing of it as is appropriate in the situation. At this point, it will be as if the failure to appear never happened.
In other districts around Western North Carolina, it is customary for a Judge to sign off on these failures to appear. Also many districts are strict on the failure to appear fee of $200.00. This will be assessed in some districts, and in others I'm able to have it stricken. It will be assessed if the matter is not handled within 20 days of failure to appear.
In the instance that your ticket was called and failed and a warrant for arrest was issued as mentioned above, I can motion the court to recall the order for arrest and reset the date all at the same time. This of course requires a Judge's consent on the motion, but it is usually possible to get this done. Again, as soon as this goes through the Clerk that day, you'll no longer be a fugitive or have problems with DMV on this matter!
I handle countless failures to appear and orders for arrest on traffic issues and other criminal charges in Asheville, and most other surrounding WNC counties. If you've missed a speeding ticket date or other traffic ticket violation date, don't hesitate to call an Asheville Traffic Lawyer.