A failure to appear or failure to pay (FTA/FTP) a traffic ticket could be a misdemeanor crime in some instances in California. The answer to the question How can I clear an FTA/FTP for a traffic ticket can be complex, and typically requires the advice and counsel of a traffic ticket attorney.
The first thing you need to do is check your driving status and don’t drive until a traffic lawyer clears the FTA/FTP if your license is suspended. You can check your California driving record by going to the DMV website here and signing up as a certified user. It takes five minutes to get your record. Driving with a suspended license is another misdemeanor offense that could result in jail time or probation.
At Bigger & Harman, we provide a free, no-obligation initial consultation.
We have cleared many FTA/FTPs for California drivers over the past decade. Suppose you had moved out of state several years ago, came back for work, and found out during a background check that your license was suspended for FTA/FTP, a camera-enforced red-light ticket.
Upon your return to California, it may appear on a background check for employment purposes. It would be wise to contact a traffic ticket attorney to resolve the FTA/FTP immediately.
Your being out of state for that time could be a legal justification for your FTA/FTP.
NOTE: While some parts of this story have been condensed or fictionalized for brevity or to make the situation clearer, the traffic law details and penalties for an FTA/FTP remain accurate. Could this be your story?
If you’ve been wondering how to clear an FTA/FTP for a traffic ticket, you’re not alone. Our traffic ticket defense firm sees this often. Travelling for work can make it difficult to stay current with old traffic violations.
However, some of these old traffic tickets are easier to resolve due to the retirement or reassignment of the law enforcement officer who issued the original traffic ticket.
According to the Constitution, you have the right to face your accuser. If they’re no longer available, that might be grounds for dismissal.
However, California’s traffic law states:
“A person willfully violating their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.”—CA Vehicle Code (VC) 40508.
Therefore, you should consult a traffic attorney before driving in California or paying the fine for that old ticket.
What Are the Implications of an FTA/FTP?
An FTA is a failure to appear in court. An FTP is a failure to pay a fine.
California courts often group them together as an “FTA/FTP” because the legal consequences are similar. Both can turn a small traffic matter into a serious legal problem.
How Can I Clear an FTA/FTP for a Traffic Ticket?
One scenario that has occurred by more than of one our clients is when an old speeding ticket from a decade ago was long forgotten.
They took a job in Nevada or some other state, left California, and never looked back.
The notice and court reminder of a speeding ticket or some other violation never reached our client. The court notices went to their last address on file with the DMV. By the time they returned to California, their driver’s license was suspended, and the FTA/FTP was still active.
The Court Has No Way of Knowing Your Status and Will Assume You Ignored the Ticket
CA VC Section 40508 makes it a misdemeanor to miss your court date.
The court will assume you received the ticket, the court reminder, and that you knew about the date.
We’ve found that if a driver moved and never got the notice, there’s a chance to raise a reasonable doubt. But without a traffic attorney to make that argument, a judge may assume you willfully ignored the order.
Why an Attorney Is Key in Clearing Your Record
Trying to handle an FTA/FTP alone can surface many complex issues, some of which the average driver will not be aware of. That’s why it’s crucial to consult a traffic attorney.
Driving with a suspended license under CA VC 14601 is another misdemeanor—one that could result in a jail sentence or probation and leave you with a criminal record.
An attorney can often clear the FTA/FTP, get the original ticket or set a new trial date to dispute it. Several outcomes could potentially reduce or eliminate the penalties.
How Judges View “Good Cause”
Courts may vacate civil penalties under Civil Code 1214.1 when there was “good cause” for missing court or failing to pay the fine. Previously, some of these assessments totaled $600.
Recently, the California Assembly has approved removing these assessments to facilitate a better reinstatement process for the hundreds of thousands of drivers under suspension.
Relocating out of state, being deported, or deployed out of the area with the military might qualify, though not every judge will agree. However, if the citing officer is unavailable years later, that could work in your favor.
Steps That Could Reduce the Financial Impact
Before paying the fine or a collection agency, speak with a traffic lawyer. Paying a part of the fine could be seen as an admission of guilt.
Some drivers pay more than $1,000 to resolve an FTA/FTP, only to later learn they could have reduced that amount or avoided specific charges entirely.
In some cases, the penalties might be dropped, depending on the circumstances.
Often, the wise choice to get your license reinstated is to consult a traffic attorney to determine your options.
Consult with Bigger & Harman About an FTA/FTP in Santa Maria
If you have had an unresolved FTA/FTP, your license to drive in California could be in suspended status, and driving with a suspended license is a misdemeanor offense.
You must have it and the original traffic ticket cleared before driving again in California.
Bigger & Harman regularly defends clients in Santa Maria Courthouse (Miller Division). Call for a free, no-obligation consultation about an FTA/FTP at (661) 349-9300—se habla Español 349-9755.
Bigger & Harman, APC is a law firm specializing in traffic ticket defense and can help resolve FTA/FTP issues promptly and efficiently.
We have been asked to resolve over 20,000 traffic tickets in California Courts during the past decade. Contact us for assistance. It could be easier and more affordable than you think.
We offer a free consultation to get started—use our convenient contact form or email us at attorney@biggerharmanlaw.com.
❓ Frequently Asked Questions (FAQ) Section
Q: What happens if I miss my court date without paying the fine?
A: If you simply ignore the ticket, the court will do one of the following or a combination of these: Add a late fee or civil assessment fee, charge you with failure to appear (FTA) (typically, a misdemeanor, depending on the original charge), find you guilty in absentia and put it on your motor vehicle driving record (send your conviction to a collection agency which will harm your credit score), and/or issue a bench warrant.
Q: Are there legal reasons for an FTA/FTP that could get me out of the penalties?
A: Yes. There are legal reasons for missing a court date or failing to pay a fine, such as incarceration, deportation, military duty, and other compelling circumstances. Ask Bigger & Harman. We’ve cleared FTA/FTPs even after several years have passed.
Q: What’s the penalty for an FTA/FTP?
A: The penalties for an FTA/FTP depend largely on the court. You might be able to clear an FTA/FTP for a traffic ticket without expensive penalties. Although an FTA/FTP can be tried as a misdemeanor, the court could see it as a “wobbler” or “wobblette.” Whereas the traffic code might describe it as a misdemeanor, the judge has the discretion to change it to a traffic “infraction” when certain conditions exist.
References:
CA VC Section 14601, Violation of License Provisions & 40508, Release Upon Promise to Appear.
The CA Driver Handbook English y Español.
Civil Code Section 1214.1, Criminal Procedures and Assessments.
The Bankrate.com article, Average cost of car insurance in CA for 2025.