Missing a required court appearance after receiving a California traffic citation can lead to additional legal consequences. One California law that addresses this situation is Vehicle Code § 40515, which concerns the issuance of an arrest warrant after certain failures to appear or failures to make required bail payments.
If you received a traffic infraction and signed a written promise to appear, understanding Vehicle Code § 40515 can help you understand what may happen if you miss your court date.
This article explains California Vehicle Code § 40515, including when a warrant may be issued, the significance of the 20-day period, and how § 40515 differs from California’s separate failure-to-appear statute.
What Is California Vehicle Code § 40515?
California Vehicle Code § 40515 addresses when a magistrate may issue an arrest warrant after a person fails to appear as promised or fails to make an agreed installment payment of bail.
Under the statute, when a person has signed a written promise to appear, or has received a lawful continuance of that promise, and has not posted full bail or has failed to make an installment payment as agreed under Vehicle Code § 40510.5, the magistrate may issue a warrant.
The statute provides that the warrant may be issued within 20 days after the person’s failure to appear before the magistrate or failure to make the required installment payment.
The statute also addresses a person who promises to appear before an officer authorized to accept bail and then fails to appear as promised.
The key point is that Vehicle Code § 40515 gives the magistrate authority to issue a warrant in specified circumstances. It does not state that a warrant is automatically issued every time someone misses an infraction court date.
Does Vehicle Code § 40515 Apply to Traffic Infractions?
Vehicle Code § 40515 can apply in traffic cases involving infractions because traffic citations commonly involve a written promise to appear.
For example, a driver may receive a traffic citation and sign a promise to appear in court. If the driver does not appear as required and has not posted the required bail, the circumstances described in § 40515 may permit the magistrate to issue a warrant.
However, section 40515 does not simply say that every missed infraction court date automatically results in a warrant.
The statute establishes specific circumstances under which a magistrate may issue one.
What Does “Written Promise to Appear” Mean?
A written promise to appear is the commitment made by a person who signs a notice to appear agreeing to appear at the specified time and place.
For traffic citations, the notice generally identifies the alleged violation and provides information about when and where the person is required to appear.
Signing the promise to appear does not necessarily mean the person admits the underlying traffic violation. Rather, it creates an obligation to comply with the appearance requirement.
For example, suppose a driver receives a speeding citation and signs the citation promising to appear in traffic court on a specified date.
The driver can still contest the speeding allegation. However, the driver must comply with the court’s appearance requirements while doing so.
When Can a Warrant Be Issued Under VC § 40515?
Section 40515 identifies circumstances involving:
- A signed written promise to appear;
- A lawful continuance of that promise to appear;
- Failure to appear at the required time and place;
- Failure to post full bail; or
- Failure to make an installment payment as agreed under Vehicle Code § 40510.5.
When the statutory requirements are met, the magistrate may issue a warrant.
The statute provides a 20-day period for issuing the warrant after the specified failure.
The 20-day period
The statute states that the warrant may be issued within 20 days after the person’s failure to appear before the magistrate or failure to make an agreed installment payment.
This does not mean that a person has 20 days to resolve the matter without consequences. The 20-day language concerns the time period within which the magistrate may issue the warrant under the statute.
It also does not mean that a warrant will necessarily be issued on the twentieth day.
Is a Bench Warrant Automatic After Missing Court?
No.
This is one of the most important points to understand about Vehicle Code § 40515.
The statute uses the word “may,” giving the magistrate authority to issue a warrant when the statutory conditions are satisfied.
Therefore, it is inaccurate to state that § 40515 automatically requires a bench warrant every time someone fails to appear on a traffic infraction.
The actual court record is what determines whether a warrant was issued.
For example, two people may both miss traffic court. One case may result in a warrant being issued, while another may be handled through a different court procedure. The applicable facts and the court’s action matter.
What Happens If a Warrant Is Issued?
If a warrant has been issued and remains active, the person may be subject to arrest pursuant to that warrant.
A person should not assume that a warrant will simply disappear because time has passed.
For example, a driver may miss a traffic court appearance and later discover that the court issued a warrant. If the warrant remains active, the driver could potentially encounter the warrant during a later law-enforcement contact.
The safest way to determine whether a warrant exists is to verify the status of the case with the appropriate court.
What Is the Difference Between VC § 40515 and VC § 40508?
Vehicle Code § 40515 and Vehicle Code § 40508 are related, but they do different things.
Vehicle Code § 40515
Section 40515 addresses the issuance of a warrant in specified circumstances following a failure to appear or failure to make an agreed installment payment.
Vehicle Code § 40508
Section 40508 addresses certain willful violations of a written promise to appear, a lawfully granted continuance, and certain failures to pay bail in installments or a lawfully imposed fine.
Under § 40508(a), a person who willfully violates a written promise to appear or a lawful continuance of that promise is guilty of a misdemeanor.
This distinction is important.
A person should not assume that § 40515 itself creates the misdemeanor failure-to-appear offense. Rather, § 40515 concerns the warrant procedure, while § 40508 addresses specified underlying failures to comply.
Can Missing an Infraction Court Date Become a Misdemeanor?
Potentially, yes, depending on the circumstances.
The underlying traffic infraction and the failure to appear are separate legal issues.
Vehicle Code § 40508(a) provides that a person who willfully violates a written promise to appear or a lawfully granted continuance is guilty of a misdemeanor.
The word “willfully” is important. A missed appearance should not automatically be described as a misdemeanor without considering whether the statutory requirements are satisfied.
For example, suppose someone deliberately ignores a required court appearance despite knowing about the date. That situation is different from someone who misses court because of circumstances that may provide a lawful excuse.
The specific facts and applicable law matter.
What If You Missed Court Because of an Emergency?
People sometimes miss court because of circumstances they did not expect or could not control.
Examples might include:
- A sudden medical emergency;
- Hospitalization;
- An unexpected serious family emergency;
- Incarceration or another circumstance preventing the person from appearing; or
- Another situation that may provide a lawful explanation.
An emergency does not automatically cancel a court obligation or guarantee that a warrant will not be issued.
However, if a person has missed court for a legitimate reason, documentation supporting the circumstances may be important when asking the court to address the missed appearance.
The appropriate procedure depends on the circumstances and the court handling the case.
What Should You Do After Missing Traffic Court?
If you discover that you missed a required court appearance, it is generally important to determine the status of the case promptly.
1. Identify the court
Check the traffic citation or other court paperwork to determine which Superior Court is handling the matter.
2. Check the case status
Determine whether the case remains pending and whether the court has issued a warrant or entered any other order.
3. Find out what the court requires
The court can provide information about the current procedural status of the case and the steps available for addressing an outstanding matter.
4. Gather documentation
If there was a legitimate reason you could not appear, keep documents that support your explanation.
5. Consider legal assistance
If the case involves a warrant, a failure-to-appear allegation, or another significant complication, a California attorney can review the circumstances and explain the legal procedures that may be available.
How Is a Bench Warrant Recalled?
A person who discovers that a warrant has been issued should not assume that simply paying the original traffic ticket will automatically recall the warrant.
Depending on the circumstances and the court’s procedures, a person may need to ask the issuing court to recall or quash the warrant.
A motion to quash is one procedure that may be used to challenge or seek the recall of an arrest warrant. The specific filing requirements and procedures can vary by court.
Because the statute itself does not state that every warrant must be recalled through one particular procedure, it is better to confirm the appropriate procedure with the court or obtain legal assistance rather than assume that a particular filing will automatically resolve the warrant.
Example: Missing an Infraction Court Date
Consider this example:
Maria receives a traffic citation and signs a written promise to appear. She is given a specific court date.
Maria does not appear on that date and has not posted the required bail.
Under the circumstances described in Vehicle Code § 40515, the magistrate may issue a warrant within 20 days after her failure to appear.
The warrant is not automatic merely because Maria missed court. The statute gives the magistrate authority to issue the warrant when the statutory requirements are met.
If a warrant is issued, Maria should determine the warrant’s status and the procedure required by the court to address it.
Example: A Missed Installment Payment
Vehicle Code § 40515 also addresses certain installment-payment situations.
Suppose a person charged with an eligible infraction enters into an agreement under Vehicle Code § 40510.5 to pay and forfeit bail through installments.
If the person fails to make an installment payment as agreed, the situation can trigger additional consequences under California law.
Section 40515 specifically addresses the magistrate’s authority to issue a warrant in connection with a failure to pay an agreed installment under § 40510.5.
This is different from simply saying that every unpaid traffic ticket automatically produces a warrant.
Frequently Asked Questions
What is California Vehicle Code § 40515?
Vehicle Code § 40515 addresses when a magistrate may issue an arrest warrant after certain failures to appear or failures to make an agreed installment payment of bail.
Does VC § 40515 require a warrant?
No. The statute says the magistrate “may issue” the warrant. It does not state that a warrant is automatically required in every qualifying situation.
How long does the court have to issue a warrant?
Section 40515 provides that the warrant may be issued within 20 days after the specified failure to appear or failure to make an agreed installment payment.
Can I be arrested if a warrant was issued?
If a warrant has been issued and remains active, the person may be subject to arrest pursuant to the warrant.
Is VC § 40515 the same as failure to appear under VC § 40508?
No. Section 40508 addresses certain willful violations of a written promise to appear and related obligations. Section 40515 addresses the magistrate’s authority to issue a warrant in specified circumstances.
Does missing an infraction court date automatically create a misdemeanor?
Not necessarily. Vehicle Code § 40508 makes certain willful violations of a written promise to appear a misdemeanor. The specific facts and statutory requirements must be considered.
Can a traffic warrant be recalled?
A person may have procedures available to request that a warrant be recalled or quashed. The appropriate procedure depends on the court and circumstances of the case.
What should I do if I think I have a traffic warrant?
Contact the court handling the case to determine its current status and what procedures are available. If the matter involves a warrant or a failure-to-appear allegation, legal assistance may also be appropriate.
Key Takeaways
California Vehicle Code § 40515 is primarily concerned with the issuance of arrest warrants following specified failures to appear or failures to make agreed installment payments of bail.
The most important points are:
- Section 40515 can apply when a person has signed a written promise to appear and fails to comply with the applicable appearance or bail requirements.
- The statute says a magistrate may issue a warrant; it does not say a warrant is automatically mandatory in every case.
- The statute provides a 20-day period within which the warrant may be issued after the specified failure.
- A warrant and a failure-to-appear offense are not the same thing.
- Vehicle Code § 40508 addresses certain willful violations of a written promise to appear and can make such conduct a misdemeanor.
- If a warrant has been issued, it is important to determine its current status and the procedure required by the court to address it.
- A missed court date should not simply be ignored.
Understanding the difference between the underlying traffic infraction, the failure to appear, and the potential warrant can help you better understand what is happening in a California traffic case.
Contact Southwest Legal
Need Help With a California Vehicle Code § 40515 Matter?
A missed traffic court appearance can create questions about a possible warrant, a failure-to-appear allegation, and the status of the underlying citation. Understanding what the court has actually ordered is an important first step.
Southwest Legal can help you understand the legal issues surrounding your California traffic matter and the options that may be available based on your circumstances.
If you are dealing with a Vehicle Code § 40515 issue, a traffic warrant, or a failure to appear, contact us today for a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.