QUESTION
What happens if you do not show up at court for a speeding ticket?
Asked on Jun 20th, 2011 on Criminal Law - Texas
More details to this question:
If I get a speeding ticket and neither the cop or I show up at court, will the ticket be thrown out?
28 ANSWERS
1 Award
The ticket will most likely not be thrown out. Depending on the jurisdiction, a defendant who fails to appear for a scheduled court hearing will typically find himself/herself in even more legal trouble. For example, under NM Law a judge may issue a failure to appear (FTA) warrant for the arrest of a defendant who failed to appear at his/her scheduled court setting. If caught in a similar type legal predicament, it's critically important to speak with an experienced criminal defense attorney licensed to practice in your state before being arrested on the warrant.
Answered on Jun 28th, 2011 at 9:42 AM
In Missouri almost every court will issue a warrant for your arrest. Some will send out a Notice giving yo a second chance to appear. Some will issue a new separate charge i.e., "failure to appear". Why don't you hire an attorney to take care of this for you. An attorney will save you a lot more money than the attorney will cost you.
Answered on Jun 24th, 2011 at 10:46 AM
William Guy Pontrello
Default entered, fine assessed, license suspended.
Answered on Jun 22nd, 2011 at 2:08 PM
Michael J. Breczinski
No a speeding ticket is usually a civil infraction. They will enter a default against you and you will have to pay a fine and have points on your license. You should show up an if the cop does not show up at the hearing, then it would be dismissed, if you ask for it. That is NOT at the intial court date usually.
Answered on Jun 22nd, 2011 at 10:04 AM
Steven C. Bullock
The ticket will go into default, meaning that you will owe a set amount and your drivers license may end up being suspended. Not a good situation.
Answered on Jun 22nd, 2011 at 10:04 AM
If the speeding ticket is civil, and you requested a hearing, and you failed to show up, and you are unrepresented, the court will probably find in favor of the state. If it is a criminal matter and you are unrepresented and failed to appear a bench warrant may issue for your arrest.
Answered on Jun 22nd, 2011 at 9:21 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If you do not show up at Court, then you will be defaulted, and non-payment can mean suspension of your license. If the Police Officer does not show up on a hearing date (not a pre-trial) then you can ask to have the case dismissed.
Answered on Jun 22nd, 2011 at 9:11 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You fail to show, a warrant is issued for you. The officer fails to show, with you there, then the ticket may be dismissed, or the court may continue the case to a new date and try again.
Answered on Jun 22nd, 2011 at 9:04 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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When you were cited, that's your obligation to appear or a warrant goes out for your arrest. The officer only has to show up if they're subpoenaed for trial, not at the first court date.
Answered on Jun 22nd, 2011 at 8:32 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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It is possible that it will get thrown out if the police officer does not show up at court. Consult with an attorney on all traffic offenses.
Answered on Jun 21st, 2011 at 2:49 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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If you fail to appear for a speeding ticket your license will be suspended and a warrant could, but is usually not, be issued for your arrest. Whether or not the police officer also fails to appear is not relevant. However, if you retain our law firm to represent you we go to court for you - you will never have to go to court or come to our office. Call us for a no obligation phone consultation.
Answered on Jun 21st, 2011 at 2:49 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Your driver's license will be suspended and you could then later be charged with a more serious offense of not driving with a valid license.
Answered on Jun 21st, 2011 at 2:33 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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If you fail to appear a default is entered against you and a fine plus the speed would be on record. If is was speeding over a certain limit and you were obligated to appear, a warrant for your arrest may issue.
Answered on Jun 21st, 2011 at 1:09 PM
The ticket will not be thrown out you will be found guilty of the offense and a bench warrant will be issued.
Answered on Jun 21st, 2011 at 1:00 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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No. You will be found to have committed the offense and you will be fined. If you dont pay, the fine will be sent to a collection agency, and your license can be suspended.
Answered on Jun 21st, 2011 at 12:14 PM
Criminal Attorney Attorney serving St. Louis, MO
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The Summary Law Firm
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No, a warrant will most likely be issued for you. The cop does not have to show up for anything but your trial date.
Answered on Jun 21st, 2011 at 11:42 AM
Samuel H. Harrison
If you don't show up for court, a bench warrant will be issued. You will be arrested and put in jail until the court can hear your case. Usually, the first court date for a ticket is to determine who is going to plead guilty and who wants a trial. The trial cases are given another court date and the arresting officer is summoned to appear for trial. If the officer does not show up FOR TRIAL the judge may dismiss the case, but it can also be reset for a later date if the officer was not present for a legitimate reason.
Answered on Jun 21st, 2011 at 11:08 AM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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If the officer does not show up and you do, it is likely that the ticket will be dismissed or the court could adjourn and reset the hearing. If you do not show up, a default will be entered against you and you will be responsible for the ticket. You must appear.
Answered on Jun 21st, 2011 at 11:00 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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Nope - if you do not show up, then any bail you post is forfeit and the ticket will probably go to collections. All you end up with is a failure to appear or bail forfeiture. The only exception I can think of off the top of my head is if you submitted to a "trial by declaration." In that case, you would have sent in a written declaration in lieu of testimony and the case would be decided on your declaration.
Answered on Jun 21st, 2011 at 10:49 AM
Criminal Law Attorney serving Stockton, CA
If you fail to appear for a court date, a warrant for your arrest will be issued by the Court.
Answered on Jun 21st, 2011 at 10:09 AM
Criminal Defense Attorney serving Seattle, WA
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Mercado & Hartung, PLLC
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If you failed to appear the judge will enter the infraction as committed and you will have to pay the full amount. The officer is only required to appear if you (or your lawyer) subpoena him/her to show, however, even if you did that the judge would still find against you for not appearing.
Answered on Jun 21st, 2011 at 10:09 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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You or your attorney needs to show up in Court. If there is a failure to show up, the court would likely add an additional charge of Failure to Appear, charge an additional civil penalty, and may place a suspension on your license. It is possible for a court to also issue a bench warrant for your failure to appear.
Answered on Jun 21st, 2011 at 10:08 AM
Absolutely not. You likely have a warrant, and you may also have lost your right to a trial.
Answered on Jun 21st, 2011 at 10:00 AM
Criminal Law Attorney serving Reno, NV
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Law Office of Cotter C. Conway
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If you fail to appear for a scheduled court appearance, then a warrant will likely be issued for you arrest (even if the cop also does not show up for the hearing). A ticket will not be "thrown out" because the cop doesn't show unless you appear for the scheduled trial.
Answered on Jun 21st, 2011 at 9:54 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If you have a scheduled court date for a traffic ticket you need to show up or else you run the risk of being defaulted because you are supposed to show up.
Answered on Jun 21st, 2011 at 9:04 AM
Personal Injury Attorney serving Las Vegas, NV
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James E. Smith, LTD
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If you don't show up you'll get a warrant for your arrest. If you show up and the cop does not it'll get dismissed.
Answered on Jun 21st, 2011 at 9:04 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, you will be in default and must reset the date or pay the ticket.
Answered on Jun 21st, 2011 at 9:03 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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A warrant will be issued for your arrest. Unless the case is set for trial, then the police officer has no obligation to be there. Even if it is set for trial and he has been subpoenaed, then he must answer to the party subpoenaing him, and possibly the judge, for failure to appear. However, when you signed the ticket, you were doing so on your promise to appear in lieu of being arrested. If you fail to show, then your signature on the ticket is no longer valid and a warrant issues for you.
Answered on Jun 21st, 2011 at 9:01 AM