Alameda County Superior Court
Traffic Court Self Help

Failure to Appear or to Pay Violations

1. What is a Failure to Appear? (VC40508a)

Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge which he or she was originally arrested or cited.

2. What is a Failure to Pay? (VC40508b)
   

   Any person willfully failing to pay a lawfully imposed fine within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of the full payment of the fine after such time.

3. What is Failure to Comply? (VC40508c)

Any person willfully failing to comply with a court order within the time authorized by the court and without lawful excuse having been presented to the court on or before the due date of the order is guilty of a misdemeanor regardless of compliance with the order after such time.

4. How do I clear a Hold that Has Been Placed on my Driver’s License?

Outstanding failures to appear (FTA’s), failures to pay (FTP’s) or failures to comply (FTC’s) can result in a hold on or suspension of a driver’s license. To clear a hold that has been placed on your driver’s license, you must schedule a court date and resolve your matter or post and forfeit the full amount of bail due on the original charge and the FTA, FTP or FTC. Once you have posted and forfeited your bail, pled guilty or no contest, been found guilty or have had a failure to appear dismissed, you will be eligible to obtain an abstract of judgment upon the payment of a fee from the Clerk’s Office that you can take to DMV to clear your record. On a failure to appear, VC40508a, you may obtain an abstract even if the court allows you to pay your fine at a later date. If you are trying to clear a hold created by an outstanding failure to pay, VC40508b, you will be eligible to obtain an abstract after you have paid your fine off in full. If you pay by cash, money order, cashier’s check or credit card, you may obtain your abstract immediately.

To clear a hold on a failure to comply, VC40508c, you must schedule a court date to resolve your matter and /or post and forfeit the full amount of bail due.

5. If I Set a Court Date on a Failure to Appear, to Pay or to Comply Violation, When am I Eligible to Get a Release (Abstract) to Take to the DMV?

On a failure to appear violation (VC40508a), you may obtain your abstract after you appear in court to enter a plea. You do not have to pay the fine the court imposed before obtaining your abstract.

On a failure to pay violation (VC40508b), you must pay the fine imposed in court in full before obtaining an abstract.

On a failure to comply violation (VC40508c), you may obtain your abstract after you appear in court to enter a plea. You do not have to pay the fine the court imposed before obtaining your abstract.