Vehicle Code § 40515 VC - Failure to Appear on Infractions
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1. What is Failure to Appear on Infractions?
2. What are examples of Failure to Appear on Infractions?
In California, a Failure to Appear (FTA) for a traffic or minor infraction might seem like a small oversight, but under Vehicle Code § 40515 VC, it can quickly lead to serious legal trouble — including a bench warrant for your arrest, fines, and driver’s license suspension.
Common Examples of Failure to Appear on Infractions
1. Ignoring a Traffic Ticket
You receive a speeding ticket in Los Angeles and sign a written promise to appear in court or pay by a specific date. You misplace the citation and forget the deadline.
After 20 days, the court issues a bench warrant for your failure to appear under VC 40515. The next time you’re stopped for a minor violation, you’re arrested for the outstanding warrant.
2. Missing a Payment on an Installment Plan
A driver agrees to pay their traffic fine in three monthly installments under Vehicle Code § 40510.5. They pay the first two installments but miss the third.
Because the final payment was not made as promised, the judge issues a bench warrant within 20 days for failure to pay bail as agreed, triggering the same consequences as an FTA.
3. Failing to Attend a Rescheduled Hearing
You request a continuance for your court appearance due to a work conflict. The judge grants the new date, but you still miss the rescheduled hearing.
Under VC 40515, the court is required to issue a bench warrant within 20 days of your failure to appear after a continuance.
4. Forgetting to Appear for Proof-of-Correction
After receiving a “fix-it” ticket for a broken taillight, you repair it but forget to show proof in court or pay the dismissal fee.
Even though the underlying violation was minor, your failure to appear or pay on time can result in a bench warrant and a suspended driver’s license until resolved.
5. Moving and Missing a Court Notice
You change your address after receiving a ticket, but the court sends your notice to your old address. Because you never update your information with the DMV, you miss your court date.
Despite the misunderstanding, a bench warrant is still issued. Your attorney can later argue that you never received proper notice as a defense to recall the warrant.
6. Failing to Appear for a Red-Light Camera Ticket
You’re mailed a red-light camera ticket that requires an in-person court appearance. You assume paying online will be enough but never complete the process.
When the payment isn’t received and you don’t appear, the court issues a bench warrant under VC 40515.
7. Ignoring a Court-Ordered Community Service Deadline
In some cases, the judge allows you to complete community service instead of paying a fine. If you fail to submit proof by the required date, it’s treated as a failure to appear or comply, prompting a bench warrant under VC 40515.
3. What are the penalties for Failure to Appear on Infractions?
Failing to appear in court for a traffic or minor infraction in California may seem like a small mistake, but it can carry serious consequences. Under Vehicle Code § 40515 VC, if you sign a written promise to appear in court or pay a fine and then fail to do so, the court can issue a bench warrant for your arrest within 20 days.
While most infractions are not criminal offenses, failing to handle them properly can lead to additional misdemeanor charges, fines, and even driver’s license suspension.
The most immediate penalty for failing to appear on an infraction is the issuance of a bench warrant.
A bench warrant authorizes police to arrest you and bring you before the court. It remains active until it’s recalled or quashed by the judge — meaning it does not expire over time.
If you are stopped for another traffic violation or encounter law enforcement for any reason, the officer can arrest you on the spot.
Example:
You received a ticket for running a red light and signed a written promise to appear in court. When you forget your court date, the judge issues a bench warrant within 20 days.
Months later, when you’re pulled over for speeding, the officer runs your name and arrests you for the outstanding warrant.
2. Additional Misdemeanor Charges (Vehicle Code § 40508 VC)
While Vehicle Code § 40515 VC governs the warrant process, Vehicle Code § 40508 VC makes it a separate misdemeanor to willfully fail to appear after signing a written promise.
Penalties under VC 40508 may include:
Up to 6 months in county jail,
A fine of up to $1,000, and/or
Both jail time and fines.
This applies even if your original offense (such as speeding or an equipment violation) was just an infraction. In other words, a minor traffic issue can escalate into a criminal case if ignored.
3. Driver’s License Suspension
Under California Vehicle Code § 13365(a)(2), the Department of Motor Vehicles (DMV) can suspend your driver’s license if you fail to appear or pay bail for a traffic citation.
Your suspension can remain in effect until the court notifies the DMV that the case has been resolved. This can impact your ability to drive legally, commute to work, or maintain insurance coverage.
Example:
Alex receives a ticket for a broken tail light but forgets to pay the fine. The court notifies the DMV of the failure to appear, leading to a license suspension. Months later, Alex is pulled over and cited again — this time for driving on a suspended license, which carries even harsher penalties.
4. Increased Fines and Late Fees
In addition to the base fine for your original infraction, the court may impose:
Civil assessments of up to $300 for each missed appearance,
Collection agency fees, and
Administrative costs to reinstate your license or recall a warrant.
These fees can quickly multiply, turning a $100 ticket into a $1,000+ legal problem.
5. Jail Time in Extreme Cases
While infractions themselves do not carry jail time, ignoring them can.
If the court charges you with a misdemeanor failure to appear (VC 40508), you may face:
Up to 6 months in county jail, and
Probation for up to 3 years (depending on the circumstances).
Judges often reserve jail sentences for repeat offenders or those who repeatedly ignore court orders.
6. Insurance Rate Increases
A failure to appear or pay can also affect your driving record. Insurance companies may treat it as a non-compliance issue, which can lead to higher premiums or even cancellation of coverage in severe cases.
7. Possible Vehicle Registration Holds
The court can also notify the DMV to place a hold on your vehicle registration, preventing renewal until your case is cleared.
This can lead to additional penalties if you continue to drive with expired registration tags.
8. Long-Term Consequences
Beyond immediate penalties, an unresolved failure to appear can have lasting effects:
Arrest at any time due to an active warrant,
Difficulty renewing your driver’s license,
Potential employment issues, especially in jobs requiring driving,
Negative credit impact if the debt is sent to collections.
In short, a single missed court date can have ripple effects that last for years if not properly addressed.
4. What are legal defenses for Failure to Appear on Infractions?
In California, a Failure to Appear (FTA) on a traffic or minor infraction may seem like a simple mistake—but under Vehicle Code § 40515 VC, it can lead to serious consequences. A judge can issue a bench warrant for your arrest, the DMV may suspend your driver’s license, and you could even face misdemeanor charges under Vehicle Code § 40508 VC.
Common Legal Defenses for Failure to Appear on Infractions
1. You Did Not Willfully Miss Court
To convict someone of a failure to appear, the prosecutor must show that the person willfully failed to appear or pay.
If you missed court because of confusion, a scheduling error, or an honest misunderstanding—not a deliberate decision to ignore your case—then you did not act willfully.
Example:
You were cited for a speeding ticket but misread the date on the citation and showed up a week late. Because your failure to appear was accidental, not intentional, your attorney can argue that you lacked the required criminal intent.
2. You Never Received Proper Notice
A strong defense arises when the defendant never received notice of the court date or payment deadline.
This often happens when:
The court mailed the notice to the wrong address,
You moved before the notice was sent, or
The officer entered incorrect contact information on the ticket.
If you were never properly notified, your attorney can show that you had no fair opportunity to appear, and the bench warrant should be recalled.
Example:
You moved apartments after receiving a citation and never got your court summons. Your lawyer can provide proof of your address change and request that the warrant be quashed due to lack of notice.
3. There Was a Medical or Family Emergency
If a serious illness, hospitalization, or family emergency prevented you from attending court or paying bail, that may serve as a valid legal excuse.
Courts often accept documentation—like hospital records or emergency travel confirmations—as evidence of your circumstances.
Example:
You were hospitalized on your court date following a car accident. Your attorney can present hospital discharge papers to show that your failure to appear was beyond your control.
4. The Court Made an Administrative or Clerical Error
Sometimes the court or clerk’s office makes an internal error, such as:
Recording the wrong appearance date,
Failing to update a payment received on time, or
Misfiling a continuance request.
If an administrative mistake led to your bench warrant, your lawyer can challenge it and request an immediate recall of the warrant.
Example:
You paid your traffic fine online before the deadline, but the court’s payment system failed to process it. Your attorney can show proof of the transaction and have the FTA charge dismissed.
5. Your Attorney Appeared on Your Behalf
For certain infractions, your defense attorney is legally allowed to appear in court for you.
If your attorney appeared on your behalf, but the court mistakenly marked you as absent, this can serve as a defense.
Example:
Your attorney handled your case while you were out of state for work. If the court failed to record that appearance, your lawyer can present proof of representation and request the warrant be withdrawn.
6. You Were Incarcerated or Otherwise in Custody
If you were in jail, detained, or in another court on the day of your required appearance, you could not have willfully failed to appear.
Documentation from the jail or another court appearance can establish that your absence was unavoidable.
7. You Were Misinformed by Law Enforcement or the Court
If you relied on incorrect instructions from a police officer, clerk, or other court representative, that misinformation may form a valid defense.
For example, if an officer told you that you could pay online instead of appearing, and that option wasn’t valid, your attorney can argue that you acted in good faith.
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