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Explanation of FTA Failure To Appear VC 40508(a)

March 3, 2014 by Law Office of Pardoe & Associates

fta failure to appear

FTA - Failure to Appear in court - California VC 40508(a)

It is imperative that you clear up your FTA as soon as possible to get your driver's license back.  You must act immediately (see below).

You promised to go to court

Signing your traffic ticket
Signing your traffic ticket

By signing the traffic ticket the police gave to you, you have given them a written promise to go to court and your failure to resolve your ticket will result in a misdemeanor charge (a criminal offence).

We can help in Los Angeles County. If you have never been to court and you have not seen a Judge regarding your ticket, we can go to court for you and clear up your license so that you might be able to get your license back within 1 to 2 days. Call us immediately at 310-285-1516 to see how we can help you get your license back especially if your ticket is now being handled by GC Services, LGBSLGBSLinebarger Goggan Blair & Sampson LLP (a collection agency) or Harris and Harris, collection agencies.

What is an FTA VC 40508(a)?

An FTA is a warrant or hold for Failure To Appear in court on a traffic ticket.  When you are issued a traffic ticket and you fail to deal with it by the due date, you will then most likely:-

  • Be charged with VC 40508(a) of the California Vehicle Code, FTA - Failure to Appear - a misdemeanor (a criminal offence),
  • And the Government will now:-
    • Seek a large fine from you
    • the Court will usually contact the DMV and put a hold on your license and your license will then soon be suspended.

When you fail to appear in court the court will first put your ticket in FTA RF Phase 1 - this means the court will charge you a $150 fee on top of your ticket fine and will then send you a letter indicating you have failed to appear in court. Once this letter is sent to you if you do not take any action on your ticket within 20 days the court will then put your ticket in FTA RF Phase 2 - this means the court will charge you another $150 and then will transfer control of your ticket from the court to GC Services, LGBSLGBSLinebarger Goggan Blair & Sampson LLP (a collection agency) or Harris and Harris (collection agencies).

FTA RF Phase 1 - this means the court will charge you an additional $150 fee on top of your original fine and send you a letter informing you of your failure to appear in court (FTA)

FTA RF Phase 2 - this means because you didn't take any action on your ticket within 20 days after a letter was sent to you, the court will then transfer your ticket to the control of GC Services, LGBSLGBSLinebarger Goggan Blair & Sampson LLP (a collection agency) or Harris and Harris (collection agencies) and charge you another $150 for a total of $300 in civil assessment fees on top of your original ticket fine.

Please call us if your license is suspended and your ticket is in FTA RF Phase 1 or FTA RF Phase 2 or the status of your ticket is DMV Driver License Hold or In Collections FTA.  We can help in Los Angeles County - (310) 285-1516.

Excuses for FTA

Unfortunately, the only excuses which Judges will usually accept for Failures to Appear (FTA) on your traffic ticket are:-

  • You were in the military
  • Or you were in jail
  • Or you were in hospital

- and you must have documentation that proves these things.

Missing your court date

failure to appear letterInconveniently, a lot of courts don’t send you a courtesy notice of your court date. When you miss your court date, the court contacts the California DMV and most of the time gets the DMV to suspend your license for FTA (Failure To Appear) on your traffic ticket.

Penalties for FTA

FTA (Failure To Appear) on your traffic ticket can result in any one or more of the following penalties:-

  • The issuance of a bench warrant
    • A bench warrant will only be issued on a misdemeanor charge. You may be arrested and held in jail until your arraignment or you may be required to sign a promise to appear in court at a further date.
  • The imposition of a civil assessment of $300. Per 1214.1 Penal Code, the court may impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court.
  • A DMV Hold on your driving privilege and/or registration. If you fail to appear (FTA), a DMV Hold may be placed against your driver’s license or registration. This Hold may result in your driving privilege being suspended (suspended license).
  • Your fine may be referred to GC Services, LGBSLGBSLinebarger Goggan Blair & Sampson LLP (a collection agency) or Harris and Harris collection agency for collection.

Los Angeles Traffic Ticket Attorney - we can help

Call us on (310)285-1516 - we can help make this headache go away.

We can do all of this for you so you do not have to go to court in Los Angeles County. We will:-

  • Clear up your FTA (Failure to Appear) with the DMV
  • Help reinstate your license
  • Fight the charges and try to reduce your fines.

Call us immediately (310)285-1516 for a free legal consultation with a Los Angeles Traffic Ticket Attorney.

See also why it is dangerous to drive on a Suspended License.

Contact Us

Filed Under: Important-info


This website has been created by the Law Office of Pardoe & Associates, Traffic Ticket Attorneys. We help with traffic ticket problems in Los Angeles County and Orange County, including driver's license problems, DUI, debt collection agencies used by the traffic courts, warrants, court appearances & more. Call us at (310) 285-1516 for a free legal consultation.

We fix your license problems. Call us now so we can help you (310) 285-1516.

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