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Missed Your Court Date in Virginia?

Written by Emma.S on . Posted in Breath and Blood Tests, Driving on a Suspended License, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Eluding, Federal DUI, Felony DUI, Hit and Run, Open Container, Reckless Driving, Repeat DUI, Speeding, Traffic Infractions, Traffic Resources, Underage DUI, Vehicular Manslaughter.

Not every traffic matter in Virginia requires you to appear in court. However, if you are required to appear and miss your court date, it can lead to serious consequences.

A Failure to Appear (FTA) may result in additional criminal charges, warrants, fines, and complications on top of your original traffic violation. Understanding when you must appear, what an FTA means, and what steps to take if you miss court can help protect your driving record and avoid unnecessary legal trouble.

When Do You Have to Appear in Court for a Traffic Matter?

Whether you have to appear for a traffic matter in Virginia depends on the type of charge.

For most infractions, you may be able to prepay the fine online and resolve the case without appearing in court. However, for more serious offenses, such as DUI or reckless driving, a court appearance is required, even if you retain an attorney.

Always review your summons carefully for instructions and deadlines. If you are unsure, contact the court or a Driving Defense Law attorney.

What Will the Court Do if You Miss You Court date?

If you miss court for a traffic infraction, the court may find you guilty in absentia. This can result in fines, court costs, and a conviction on your driving record. If you are unhappy with this outcome, you may still be able to appeal the matter by contacting the clerk’s office.

If you missed your court date on a more serious traffic matter, like a DUI or reckless driving charge, the judge may issue:

  • A capias (bench warrant) or your arrest
  • A show cause order requiring you to appear and explain your absence

What is a Capias?

A capias is a bench warrant issued by a judge directing law enforcement to take you into custody and bring you before the court. If a capias is active, you may be arrested at any time, including during a routine traffic stop.

What is a Show Cause?

A show cause order requires you to appear in court and explain why you failed to appear as required. The court will then determine whether additional penalties are appropriate.

What Should You Do if You Miss a Court Date?

If you miss a court date, it is important to act quickly and speak with a Driving Defense Law attorney right away.

Depending on the situation, you may need to appear before the court promptly. If a capias has been issued, there is a possibility you could be taken into custody, processed, and released with a new court date.

What Are the Penalties for Failure to Appear?

Under Virginia law:

  • If the underlying charge is a misdemeanor (such as reckless driving), Failure to Appear is typically charged as a Class 1 misdemeanor under Virginia Code § 19.2-128(c).
  • If the underlying charge is a felony, Failure to Appear may be charged as a Class 6 felony under § 19.2-128(b).

Can a Failure to Appear Charge Be Dismissed?

An FTA charge may be dismissed under certain circumstances, but this should never be relied upon. You should always appear at your court date unless otherwise directed by your attorney. 

Courts will often consider:

  • Whether you had good cause (such as a medical emergency or lack of proper notice)
  • Whether you took prompt action after missing court
  • Your prior history, including any previous FTAs

If you’ve missed a court date or believe a warrant may have been issued, it’s important to address the situation as soon as possible. The attorneys at Driving Defense Law have helped hundreds of clients resolve Failure to Appear issues and traffic charges across Hampton Roads. Contact us today to understand your options and take control of your situation.

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