Failure to Appear / Missed Court Date Attorney in Salisbury and Rowan County
Missing a court date in a North Carolina traffic case can create much bigger problems than the original ticket. What might have been a simple fine or reduced charge can turn into additional fees, a suspended driver’s license, and in some situations an order for your arrest. If you have a Failure to Appear in a North Carolina traffic court such as Rowan County, Davie County, or Davidson County, you should address it as quickly as possible and with the help of an experienced traffic defense attorney.
​
What Is a Failure to Appear in Traffic Court
A Failure to Appear, often called an “FTA,” occurs when you are scheduled to come to court and do not show up as required. In North Carolina, many traffic charges require a mandatory court appearance even if you would be allowed to simply pay the ticket off in another state. Key points include:
​
-
Some traffic offenses can be handled without you appearing in person, but many require a personal court appearance
-
If you are not present and no lawyer is there to appear for you, the case is marked as “called and failed”
-
After that, the court may enter a Failure to Appear and begin adding penalties
​
In many situations, having an attorney appear for you can prevent an FTA from being entered in the first place.
​
Consequences of a Failure to Appear in a Traffic Case
When you fail to appear in traffic court, several consequences can follow:
​
-
Additional FTA costs and fees
-
20 days after you miss court, an extra $200.00 Failure to Appear cost is assessed on top of any fine and court costs for the ticket itself
-
Please note, in many circumstances we can petition the court to remove the extra $200.00, please discuss this with us when you call
-
-
License suspension
-
The FTA is reported to the North Carolina Division of Motor Vehicles
-
After 60 days, the DMV will suspend your driver’s license if the case is not rescheduled
-
If you continue to drive with a suspended license, you may be charged with driving while license revoked, which is a separate offense
-
-
Order for Arrest
-
While less common for traffic offenses, a judge can issue an Order for your Arrest if you miss court, which may be active for years
-
​
Attorney Jake Kruger Can Fix a Failure to Appear or Strike an Order for Arrest
If you have an FTA in North Carolina traffic court, depending on your situation, a traffic defense attorney will be able to:
​
-
Ask the court to place your case back on the calendar and address the missed date
-
Request that the judge strike or remit the FTA cost where the law and circumstances allow
-
Work to recall or set aside an order for arrest, when one has been issued
-
Negotiate a resolution of the underlying ticket that protects your license and insurance as much as possible
-
Coordinate with DMV to help clear holds and move toward license restoration
-
Analyze your driving record for any additional FTAs or other issues
​
Acting early gives you more options than waiting until you are stopped again or arrested on an old warrant.
​
Out of State Drivers and Old FTAs
Failure to Appear issues can be especially confusing if you now live in another state or if the ticket is several years old. Common problems include:
​
-
Learning about an FTA only when you try to renew your license in another state
-
Discovering a long forgotten ticket from college years or an old job
-
Having multiple tickets with multiple FTAs in different counties
​
Even if the case is old, it does not go away on its own. The court is still able to enforce the FTA and the DMV will keep a hold on your driving privileges until it is resolved. We regularly handle traffic FTAs and can often resolve these matters without you having to personally return to court.
​
What To Do If You Missed Your Court Date
If you realize that you missed a traffic court date or already have a Failure to Appear on your record, contact us immediately so we can help you address the missed court date, recalendar the case, and resolve the issue.
