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A failure to appear (FTA) is missing the date you promised on your ticket. Under VC 40508 it can be charged as a misdemeanor or an infraction, and the court can add a civil assessment of up to $100. Contact the court quickly to clear it.
What is a failure to appear?
A failure to appear (FTA) is missing a date you promised the court. When you sign a traffic ticket, you give a written promise to appear, or to respond, by a set date. VC 40508(a) makes it a misdemeanor to willfully violate that promise, or a court-granted continuance, "regardless of the disposition of the charge." That last phrase matters: winning the original ticket does not erase an FTA.
The statute requires the violation to be willful. The Judicial Council's schedule also lists 40508 among offenses that can be charged as an infraction, with a fine of up to $250, so the charge on your paperwork may be either one. This guide does not list a misdemeanor maximum.
What is VC 40508(b), failure to pay?
Subdivision (b) is the payment version. It makes it a misdemeanor to willfully fail to pay bail in installments or a lawfully imposed fine within the time authorized, and the statute applies regardless of full payment after that time. If you set up a payment plan, a missed installment can matter as much as a missed court date.
What is a civil assessment?
A civil assessment is a charge a court may add when you fail to appear or fail to pay after notice and without good cause. It comes from Penal Code 1214.1. The rules in the statute are:
- The assessment may be up to $100.
- It does not take effect until at least 20 calendar days after a warning notice is mailed.
- The court must vacate it if you appear in that window and show good cause.
Courts are not all alike on this. In Santa Clara County a standing order filed June 15, 2026 indefinitely suspends imposing civil assessments in criminal and traffic matters after June 1, 2026. Its FAQ still lists higher bail, a license hold or suspension, and a possible warrant as results of a missed date, and bail held in trust can be forfeited.
Can an FTA affect your license?
Yes, it can. Under VC 13365, when the DMV receives notice of a 40508(a) violation it must suspend the driving privilege. The suspension is not effective before 60 days after the DMV receives the notice. The DMV may not mail its own notice until 30 days after it receives the court's. The section is scheduled to be repealed on January 1, 2027, unless it is extended, so check whether it still applies.
A missed date can also be treated as consent to a decision on paper. The Santa Clara court notes that failing to appear may be deemed consent to a trial by written declaration in your absence under VC 40903.
How do you fix an FTA?
Move quickly. The statutory windows are short, and the court can vacate a civil assessment only for good cause.
- Find your case. Look it up on the court's website with your citation or license number. See the traffic courts index.
- Contact the court. Use the phone number or online counter on your court's page. Do not wait for another notice.
- Ask to vacate any civil assessment for good cause. The statute requires the court to do so if you appear in the window and show good cause.
- Resolve the original ticket. Pay it, ask for traffic school if you are still eligible, or request a trial. The FTA does not resolve the ticket itself.
- Keep proof. Save confirmations, receipts and the date you called.
What do the local courts say?
Santa Clara County's FAQ lists higher bail, a license hold or suspension, and a warrant among the possible results of missing a date. Its standing order filed June 15, 2026 suspends civil assessments in traffic matters after June 1, 2026. Read the Santa Clara County traffic court page for the summary.
Sacramento Superior Court's traffic school list excludes cases with a misdemeanor charge or a mandatory court appearance, and a failure to appear can carry a misdemeanor charge under VC 40508(a), so ask the court how an FTA affects a request. Its page is covered under Sacramento traffic court.
| What happened | Statute | Possible consequence |
|---|---|---|
| You broke a written promise to appear | VC 40508(a) | Misdemeanor or infraction charge |
| You did not pay bail or a fine on time | VC 40508(b) | Misdemeanor or infraction charge |
| You missed a date or payment without good cause | Penal Code 1214.1 | Civil assessment of up to $100 |
| The court reports your FTA to the DMV | VC 13365 | License suspension, not effective before 60 days after notice |
| You failed to appear as provided by law | VC 40903 | May be deemed to have elected a trial by written declaration |
Points matter too. See how DMV points work, and use the ticket cost calculator to see what the original ticket totals.
Who can handle an FTA for you?
If you would rather have someone contact the court for you, these are our picks. Compare what each firm says its fee includes.
Traffic ticket lawyers in California
Firms that handle these cases, with the details each publishes about itself. Picks are not rankings.
Ticket Crushers, A Law Corporation
4.9 stars · 605 reviewsA California traffic ticket defense firm led by Adam Cohen, Esq. It lists speeding, red light and camera tickets, failure-to-appear notices and negligent operator hearings among the matters it handles. English and Spanish.
- San Jose2033 Gateway Pl Ste 500, 95110Directions
- San Francisco350 Rhode Island St #240, 94103Directions
- Sacramento980 9th St, 95814Directions
- Los Angeles515 Flower St #1951, 90071Directions
Shouse Law Group, A.P.C.
The firm's site says its team of California criminal lawyers includes several former prosecutors and former career police officers.
Wallin & Klarich
The firm says it was established in 1981.
Frequently asked questions
Is a failure to appear a misdemeanor in California?
It can be. VC 40508(a) makes willfully violating a written promise to appear a misdemeanor, whatever happens to the original charge. The Judicial Council schedule also lists 40508 among offenses that can be charged as an infraction with a fine of up to $250. This guide does not list a misdemeanor maximum; ask the court what applies.
Will I be arrested for missing traffic court?
Courts can take steps beyond a civil assessment. The Santa Clara court's FAQ lists a possible arrest warrant among the results of a missed date, alongside higher bail and a license hold or suspension. That court has suspended civil assessments in traffic matters. Contact the court promptly and ask what applies to your case.
Can I still do traffic school after an FTA?
Not while a civil assessment is unpaid. California Rules of Court, rule 4.104 bars traffic school after a failure to appear under Penal Code 1214.1 unless the assessment is paid. Courts also set their own eligibility lists. Contact the court, clear the FTA, then ask in writing whether you can enroll.
How much is the civil assessment?
A court may impose a civil assessment of up to $100 under Penal Code 1214.1 on a person who fails to appear or pay after notice and without good cause. It does not take effect until at least 20 calendar days after a warning notice is mailed. The court must vacate it on a showing of good cause.
Can a lawyer clear an FTA for me?
Some firms handle failure-to-appear problems and list them among their services. A lawyer can contact the court on your behalf, but the court still decides. Ask what the fee covers before you hire anyone, and give the firm your citation number and court.
Last reviewed · Reviewed by the California Ticket Guide editorial team