Did you recently receive a notice from a collection agency demanding nearly $1,500 for an FTA/FTP after missing a traffic ticket deadline or court date?
Before you respond to the collection agency, it’s crucial to consult with a traffic attorney.
As the Superior Court of California noted, “When you sign your ticket, you promise to go to court or pay the fine.”What’s more, if you don’t sign the ticket, you might be forced to pay bail or bond in the amount of the fine.
Failing to do that could lead to an FTA/FTP charge and suspension of your driving privileges until the FTA/FTP is cleared. Driving with a suspended license could result in more serious consequences, such as a misdemeanor charge.
California Traffic Law Regarding FTA/FTP for Traffic Tickets
Under CA Vehicle Code (VC) Section 40508, Release Upon Promise to Appear, if you fail to appear in court or pay the fine (known as FTA/FTP) to resolve a traffic ticket in Kern County, you could be charged with a misdemeanor traffic offense.
Even if your original ticket is resolved later or you are found not guilty, the FTA/FTP violation still stands, and you may face penalties such as:
Being found guilty in absentia.
A bench warrant for your arrest.
Suspension of your driving privileges.
Denial of vehicle registration renewal by the DMV.
Referral to collections, impacting your credit score.
A civil assessment of up to $300.
Although many counties now remove the civil assessment if asked, most drivers do not know to ask. Always consult a traffic attorney before paying the fine, a collection agency, or deciding to represent yourself.
California traffic law is complex, and self-representation is rarely a good idea. An experienced and knowledgeable traffic attorney can clear the FTA/FTP, make suggestions, and help you build a defense.
Civil Assessments for FTA/FTP Violations
California Penal Code 1214.1, Civil Assessments, authorizes Kern County to assess a civil assessment of $300 on an FTA/FTP.
Generally, you have 20 days after your court date before the assessment is applied. If a bench warrant is issued before then, it may be recalled once the collection process starts, or your ticket is resolved.
If you or your attorney appear in court before the deadline, the civil assessment may be vacated.
Even if you've been assessed a fine, you can petition the court to remove it and handle both the FTA/FTP and the underlying traffic ticket.
Ignoring Traffic Tickets Leads to FTA/FTP Repercussions
Ignoring your traffic ticket will likely have serious consequences, including the possibility of FTA/FTP charges, which could be a misdemeanor, depending on the nature of the original charge.
If you feel you can’t afford to pay the fine, don’t assume that you can’t afford legal representation. A traffic attorney can be your best resource for reducing penalties or getting the charge dismissed.
A skilled traffic attorney is well-versed in securing dismissals or reduced penalties, protecting your driving record and preventing insurance premiums from rising.
A minor traffic ticket case may result in an increase in auto insurance premiums. Just the loss of your “good driving discount” means a 20% increase.
Plus, your insurance company will add the risk associated with your violation, which could be 10% more and amount to hundreds of dollars annually. The average Californian will pay nearly $700 more after a paid fine or conviction for three years or until your insurance company returns your good driver discount.
How an Attorney Can Help You with FTA/FTP
A traffic attorney can help reduce or remove the civil assessment and negotiate on your behalf.
While each case is unique, attorneys familiar with traffic courts in Kern County spend hours each week defending cases like yours, whether it’s for speeding tickets or FTA/FTP.
Consulting a traffic attorney immediately after receipt of a ticket could make a significant difference in the outcome of your case and may save you thousands in fines and higher insurance premiums.
Consult Bigger & Harman About an FTA/FTP
If you have been notified about an FTA/FTP, call Bigger & Harman in Bakersfield at (661) 349-9300—Se habla Español 349-9755.
We are the Bakersfield Traffic Ticket Defense Team. We represent California drivers using a flat-fee, so they always know and understand our fee.
Use the straightforward online contact form.
Email: attorney@biggerharmanlaw.com..
References:
CA VC Section 40508, Release upon Promise to Appear.
The CA Driver Handbook English y Español.
1214.1, Civil Assessments.
The Bankrate.com article, Average cost of car insurance in CA for 2024.