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 traffic attorney.
What will the court do if you miss your 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 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) for 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, contact a traffic defense attorney within 24 to 48 hours. Do not wait. Depending on the charge, a capias or show cause order may already have been issued. An attorney can determine what has been filed, help you address it promptly, and work toward resolving both the FTA and the underlying charge with as little additional penalty as possible.
What are the penalties for failure to appear?
Under Virginia law, the penalties for an FTA depend on the severity of the underlying charge:
| Underlying charge | FTA classification | Virginia code |
|---|---|---|
| Misdemeanor (e.g., reckless driving) | Class 1 misdemeanor | § 19.2-128(c) |
| Felony charge | Class 6 felony | § 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 (Virginia Beach, Norfolk, Chesapeake, and surrounding areas). Contact us today to understand your options and take control of your situation.
