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.
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.