A traffic citation may be considered an annoyance or inconvenience, or for some it may pose the very real concerns of a major financial hardship. Under any circumstances, however, ignoring your legal obligations once you have been issued a citation can create far greater problems.
Actions that Violate VC 40508
When a law enforcement officer writes you a ticket, your release is conditioned upon your signing a written promise to appear in court to address the alleged offense. If you fail to appear at the date and time specified, you are in violation of VC 40508, but you also run afoul of 40508 if you fail to do any of the following in contravention of your promise:
- Appear to pay bail
- Make a bail payment
- Pay a fine within the specified period
- Comply with any other order of the court
Misdemeanor
Violation of 40508 is typically charged as a misdemeanor even if the underlying charge was only an infraction or even if you are ultimately exonerated of the charges. The potential penalties include up to six months in county jail and a fine of up to $1000.
Willful Failure
The language of 40508 requires that your conduct in failing to appear must be willful, but as an Orange County traffic lawyer can explain, “willful” in this context means that you willingly failed to be at your court appearance or otherwise did not keep your promise, not that you willfully broke the law.
Defenses to VC 40508
A recognized defense to a failure to appear under 40508 is a circumstance that precluded your ability to comply, such as:
- You were hospitalized
- You were on active duty in the military
- You were incarcerated in county jail or state prison
In other situations, such as attendance at the funeral of a family member, for example, the court is not required to dismiss the failure to appear charges but may do so after an evaluation of all the facts and circumstances.
License Suspension under VC 40509.5
If you do not show up for your court appearance, the court typically notifies the DMV of this failure, and the DMV subsequently suspends your license. It is important to realize that the court case is separate and distinct from the DMV suspension. Even if the 40508 issue is resolved, you must comply with DMV regulations, such as paying a reissue fee, to get your driver’s license back.
