Regardless of why you are in traffic court, there’s one thing you can count on; there will always be lots of traffic. You could wait hours for your name to be called and get 30 seconds or less to explain your situation to the judge.
Another thing you can count on is that nothing will get you in deeper trouble in CA than doing nothing about your traffic court date. CA Vehicle Code (CVC) Section 40508, Release Upon Promise to Appear, stipulates that “…regardless of the disposition of the charge upon which he or she was originally arrested,” if you do not resolve your traffic ticket or fail to appear (FTA) in traffic court on the appointed day, you are guilty of a misdemeanor crime.
Wow, think picture this scenario. You’re sitting in a traffic jam on I-5 or Highway 99 in Fresno, CA. Actually, it could be anywhere in CA, especially Central and Southern CA, but you’re stalled by traffic, bored, and frustrated. Your cell phone buzzes, signaling that you received a text.
You pick it up and look at it just to see who it is—a few seconds later, a CHPs officer is knocking on your window and repeating that now-famous line they all use, “Can I see your license, registration, and proof of insurance.”
To make a long story short, you receive a cell phone ticket, put it in the glove compartment and forget all about it until you get a notice of FTA in the mail. You’re sure you didn’t receive a court reminder. But, guess what? Regardless of the law created a few years ago requiring a court reminder, it is not an excuse for an FTA.
So, What Do You Do About Your Missed Traffic Court Date
Now you’re going to have to do what you should have done in the first place, lawyer up! Many drivers believe they shouldn’t hire a traffic attorney unless it’s for a serious charge like reckless driving, hit and run, or another misdemeanor crime because it’s too expensive.
Believe it or not, in most cases, it is cheaper to hire a traffic attorney to dispute your traffic ticket with a failure to appear in traffic court than to pay the fine. Of course, you should consult a traffic attorney first.
That’s borders on insanity. Do you know even a minor infraction in CA that you are not eligible to attend traffic violator’s school to keep out of public view, namely your auto insurance provider, can cost nearly $2,000 if convicted?
Too many only look at the fine and think, “it’s only $238 for most minor infractions or $260 for a second illegal cell phone use conviction. I can afford that.” They neglect to include how much their insurance premium will rise and for how long.
Considering the average California driver pays $2,065 for insurance and enjoys a 20% “good driver’s discount,” when that discount is taken away at renewal, it will cost you 20% more, or about $413 plus or minus. You could pay less if you live in a remote area of Fresno County or pay much, much more if you have a teen driver.
Then, the insurance company will add the risk, which is typically around 11 to 15% for a minor infraction. Maybe it is more for red light, stop sign, and speeding tickets. When you add those together for the three years the scar will dwell on your motor vehicle driving record (MVR), it is around $600 per year or $1,800. Plus, the $238 or $260 for a total of nearly $2,000.
Talk to an Attorney About That FTA & Cell Phone Ticket
Before you drive again, contact a traffic attorney to clear that FTA and resolve your traffic ticket. Bigger & Harman can do it with a one-time, affordable fixed fee for both. Regardless of court appearances or time spent, it will not increase.
Consult a Traffic Attorney to Dispute Your Ticket in Fresno County Traffic Court
Contact Bigger & Harman in Bakersfield at (661) 349-9300 anytime you need representation in traffic court or at a DMV NOTS hearing.
We are Bakersfield traffic ticket defenders who represent drivers in traffic court without an hourly wage that could cripple your budget. You’ll “know before you go” how much you’ll pay.
Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The 2021 CA Driver Handbook English y Español.
CVC Section 40508, Release Upon Promise to Appear.