Introduction
If you’ve missed a court date for a traffic violation, the next step is to talk to the person who scheduled your court appearance and find out what your options are. If you were issued a ticket or citation in person or by mail, you are expected to appear in court on that date without fail. If you miss your date without good reason (such as emergency medical care), then you risk being charged with another offense such as failure to appear. However, if this happens it doesn’t mean that there’s no way out! In fact, most courts are willing to reschedule missed court dates within certain parameters.
If you missed a court date for a traffic violation, chances are you will be cited with another offense, such as failure to appear.
If you missed a court date for a traffic violation, chances are you will be cited with another offense, such as failure to appear. Once you fail to appear in court on your original ticket and the judge issues a warrant for your arrest, that warrant must be served upon you before any further action is taken by the court system. If the police catch up with you and serve this warrant before an additional offense has been committed (i.e., speeding), then there will be no additional charges filed against you aside from those already mentioned above. However, if they do not catch up with you until after these offenses have been committed (i.e., speeding), then these new charges could mean higher fines and more serious penalties down the line!
Ask the clerk of court or the judge to reset your court date.
- Ask the clerk of court or the judge to reset your court date.
If you are unable to attend a hearing due to illness, car trouble, or other reasons beyond your control, it’s possible that either the clerk of court or the judge will reschedule it for you. The clerks and judges should be sympathetic if there is a good reason why you missed your court date; however, this does not guarantee that they will grant your request for a new hearing date. It’s best to try asking both before assuming that neither will agree with your request for a new hearing date.
Submit a written explanation of why you missed your court date with a request to reschedule it.
- Write a letter to the court. In this letter, you should explain why you missed your court date and how you plan to avoid missing another one in the future. The more information you can provide about your absence, the better—for example, if someone else was driving your car when it was pulled over and they were given a ticket because of an expired registration sticker or other traffic violation, include that information.
- Include contact information for yourself on all letters that are sent to the court on your behalf (for example, if someone else is submitting a request for extensions on their behalf).
- Don’t forget to sign off!
If you missed your court date because of an emergency, provide documentation to support your claim.
If you missed your court date because of an emergency, provide documentation to support your claim. Documentation should include a written explanation of the emergency and a copy of any insurance claim, police report, or other documentation that supports your claim. If you can’t get any documentation of the emergency situation, ask the court for an extension (if possible).
You may lose the right to a jury trial in some jurisdictions by failing to appear in court on your scheduled date.
- You may lose the right to a jury trial in some jurisdictions by failing to appear in court on your scheduled date. It is important to know that if you do not appear for your appearance date, the judge may issue a bench warrant for your arrest and may also revoke any bond or other conditions of release.
- Check with each jurisdiction where you have missed a pre-trial appearance or court date. If possible, check with local law enforcement about any warrants for arrest issued against you. If there is an active warrant out for your arrest because of missing one or more appearances, contact an attorney immediately so as not to further jeopardize your situation.
If you don’t make it in time because you’re late getting back into town (or otherwise stuck), ask the court clerk if there’s an emergency number to call for an extension.
If you don’t make it in time because you’re late getting back into town (or otherwise stuck), ask the court clerk if there’s an emergency number to call for an extension.
It’s worth mentioning that this isn’t always going to work. In some cases, it may be your best bet, but sometimes the judge will just tell you to show up and deal with whatever happens then. However, if it’s something like being delayed on a train or bus or something similar, this can be a good way to get out of trouble when all else fails.
Courts are generally understanding if you have an emergency or other legitimate reason for missing a court date.
If you have a good reason for missing your court date, the court will likely reschedule your hearing. If you miss your court date, the judge may issue a warrant for your arrest. If this happens, then you could go to jail until the hearing is re-scheduled and/or pay more fines than originally assessed by the judge.
Examples of valid reasons include: having an emergency (such as taking care of an ill family member or being hospitalized), working out of town and not being able to make it back in time for the hearing, or having transportation issues (such as car trouble).
Conclusion
Hopefully, your court date will be rescheduled soon. If not, it’s important to understand that you may face additional fines and penalties. In some cases, judges may even decide to hold you in contempt of court or issue a bench warrant for your arrest if they feel like you’re not making an effort to show up in person at their courtroom on time.