When you are pulled over by a law enforcement officer for an alleged traffic violation, the officer will ask you to sign the ticket (citation), which states at the top, that it is a “Notice To Appear.” The officer is actually arresting you for the alleged violation and letting you go based on your promise to appear. The section you sign states, “Without Admitting Guilt, I Promise To Appear At The Time And Place Indicated Below.”  That is a promise you must keep or else you will be facing serious consequences.You must read the back of the ticket, which states at the top in part: “WARNING: If you fail to appear in court as you have promised, you may be arrested and punished by 6 MONTHS IN JAIL, AND/OR A $1,000 FINE regardless of the disposition of the original charge...”Further down it states in part, “WHAT TO DO,” which states that you are required to appear at court for a misdemeanor violation (e.g. DUI; Reckless Driving; Exhibition of Speed; Driving With A Suspended License, etc.) but for infractions you have various alternatives including paying the fine (bail); appearing in court; requesting traffic school and requesting a trial by declaration. If you don’t do anything, you have “Failed To Appear As Promised.” You also have failed to appear if you have contacted the court and been granted a continuance on your case (later date to appear) and have not appeared on that date.] If you do fail to appear, the court will notify the DMV.  The DMV will then put a “hold” on your driver’s license and suspend it.  If you are pulled over for any reason, you will now have to deal with a “Driving With A Suspended License” charge which is a misdemeanor. By failing to appear, you could be charged with two misdemeanors in addition to the original alleged violation. If you have failed to appear, contact me immediately at (310) 917-1021.  I can appear for you by going to the Traffic Court Clerk, paying a small fee, and setting an arraignment date for the Fail To Appear charge and the underlying alleged violation.  This will take the hold off of your driver’s license.  I can also represent you in traffic court and at DMV Hearings for both alleged infractions and misdemeanors including: Speeding; Red Light (including photo tickets); U-Turn; Stop Sign; Reckless Driving; Driving With A Suspended License; Speed Contest; Exhibition of Speed; and DUI. The information in this article does not constitute nor is it intended to constitute legal advice.

 

For a free consultation call:

Richard D. Freiman, Attorney at Law, (310) 917-1021  

 

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