Unfortunately, there is no statute of limitations for a CA traffic ticket or failure to appear (FTA). Therefore, a forgotten or ignored traffic ticket could come back to haunt you years later.

Suppose you were out of CA for several years. Now, you want to re-establish your residency and drive legally in CA; you should consult a CA traffic attorney to assist you to remove the bench warrant, if any, resolve the FTA and the original ticket.

A traffic attorney can ask the traffic court judge to suspend administrative and late fees that have accumulated. However, the ultimate decision lies with the judge.

How Can an FTA Affect My Reputation & Record

According to the CA Vehicle Code (CVC) Section 40508, Release Upon Promise to Appear makes your FTA a misdemeanor crime. It states, “A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor…” 

There are specific instances where the FTA for a ticket could be quickly resolved with the help of a traffic attorney. Did you notice how the traffic code says, “willfully violating”? That leaves some circumstances open to the judge’s discretion whether or not you willfully violated your promise to appear.

If you were incarcerated, hospitalized, deported, or serving in the military service away from the court where you were to appear, you did not willfully FTA. Therefore, the first step to clearing an FTA is to discuss your circumstances with a CA traffic attorney.  

A CA traffic attorney can build your defense on either of two scenarios, you did not willfully FTA, or you were not able to appear due to an emergency outside the court's jurisdiction. 

What If There Is an Active Bench Warrant?

A bench warrant is one of the primary reasons a person returning to CA after a long time should consult a traffic attorney right away. Previously, CA used to suspend a driver’s license, add a $300 administrative fee and a bench warrant.

A warrant authorizes the police to arrest an individual who has an outstanding bench warrant. To avoid an ugly situation, a traffic attorney can clear the warrant, begin procedures to remove the FTA, and challenge the original ticket. An attorney can clear your FTA without your appearance in court. 

Bigger & Harman, APC, Can Help Resolve Your FTA & Ticket in Los Angeles County

When you have an old FTA and wish to return to CA, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We are CA traffic attorneys who can help you resolve your FTA, traffic tickets and represent you at a DMV hearing to remove points from your MVR to clear an Order of Suspension & Probation. Give us a call to discuss your specific circumstances.

Email: attorney@biggerharmanlaw.com. 

References:

The 2021 CA Driver Handbook English y Español