I Missed My Court Date! What Do I Do?

The court can “Scoff” your case.  This means that the court merely notes in your record that you missed your court date.  A court can scoff your case with or without suspending your license.

We can appear in the court on your behalf and have your case restored to the court’s calendar and litigate your case as if you never missed your court date.

For most traffic violations, if you miss a court date, the court will notify the DMV of your failure to appear in court and answer your charges.  The DMV will then mail a notice to the address on your license advising you of the following:

• The violation and date of the charge;
• That the court can assess a fine and enter a judgment against you;
• That your license will be suspended on a particular date; and
• That you can avoid the suspension and judgment by either entering a plea or appearing in court within 30 days of the notice.

If you do not appear in court by the date specified in the notice, the DMV will suspend your license and, in some cases, your registration.

In most cases, we can have your case restored to the court’s calendar by merely paying the suspension lift fees of $70 per ticket (up to a maximum of $400). Thereafter, we can defend your case as if you had answered timely.

Some courts, such as Suffolk County Traffic & Parking Violations Agency, will routinely enter a default judgment against you if you fail to appear in court on your scheduled court date.  These courts will also notify the DMV of your failure to appear and your license will be suspended until the judgment is paid.

In this case, the court will find you guilty of all charges by default, assess the maximum fines allowed by law and the points will be added to your driving record.  In addition, since the fine has been reduced to a judgment, interest and penalties will accrue at an alarming rate.

Under some circumstances, we can make a simple application to the court and pay a minor fee to vacate your default and restore your case to the court’s calendar and defend your charges.  In other cases, a formal motion will have to be made to vacate the default judgment.  If your motion is granted, then you can then defend your case as if you had not missed your court date.

In some cases, a Judge will issue a bench warrant if you miss your court date.  A bench warrant is issued when someone disobeys a court order – such as failing to appear in court as directed by the traffic summons.  If a bench warrant is issued, you can be arrested and brought into custody.

In most cases we can have your warrant vacated, restore your case to the court’s calendar and defend your case.