What are the factors or elements for 40508 VC Failure to Appear?

When you are issued a traffic ticket, the officer will have you sign a written promise to appear at the time and place specified.

If you willfully fail to appear as promised, you violate Vehicle Code 40508 VC. You willfully fail to appear when you are willingly a no-show. It does not necessary that you intend to break the law.

Nor does it matter whether you are guilty or innocent of the underlying traffic citation. You violate California Vehicle Code 40508 just by breaking a promise to:

  • Appear in court,
  • Appear to pay bail,
  • Pay bail in installments,
  • Pay a fine within the time authorized, or
  • Comply with any condition of the court. 

Legal Consequences:

Violation of Vehicle Code 40508 is a misdemeanor. The penalties are:

  • Up to six months in county jail, and/or
  • A fine of up to $1,000.

In addition, if you fail to pay a fine, or an installment for bail or a fine, as agreed, the court may:

  • Impound your driver’s license, and
  • Order you not to drive for up to 30 days.

You commit a misdemeanor violation of Vehicle Code 40508 even if:

  • Your original offense was only an infraction,
  • You thereafter pay the amount owed to the court in full,or
  • You thereafter comply with the court order.

However, because violation of Vehicle Code 40508 is a misdemeanor, you are entitled to a jury trial. This is so, even if you were not entitled to a jury trial on the original charge.

Failing to appear under Vehicle Code 40508 can also lead to a California bench warrant. However, you cannot be subject to a warrant under Section 40508 if your failure to appear was related solely to parking tickets.

How can we defend you against charges of California Vehicle Code 40508 Failure to Appear?

Legal defenses to charges under Vehicle Code 40508 may include (but are not limited to):

  • You could not appear for reasons beyond your reasonable control,
  • Your arrest was for an unpaid traffic ticket,
  • You paid your obligation to the court in full before the due date,
  • Your license cannot be suspended because you were in Chapter 13 bankruptcy.

Contact us:

We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.

The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!

Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.

Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!