Vehicle Code § 40515 VC – Failure to Appear on Infractions

Vehicle Code § 40515 VC directs judges to issue bench warrants if you fail to appear in court on an infraction charge if you

1. signed a written promise to appear, and
2. have not paid bail.

The court must issue this bench warrant within 20 days of the failure to appear (FTA) or non-payment. In order to get the warrant recalled, you would need to file a motion to quash the warrant.

The full text of the statute reads as follows:

40515. (a) When a person signs a written promise to appear or is granted a continuance of his or her promise to appear at the time and place specified in the written promise to appear or the continuance thereof, and has not posted full bail or has failed to pay an installment of bail as agreed to under Section 40510.5, the magistrate may issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear before the magistrate or pay an installment of bail as agreed, or if the person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(b) When the person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to a magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

Legal Analysis

Under 40515 VC, you will have a bench warrant issued for your arrest if you signed a written promise to appear in court for a traffic infraction and you either:

• failed to appear (FTA) in court as promised, or
• failed to pay bail (or an installment payment that has been previously agreed to) on time

California law requires the magistrate judge to issue the bench warrant within 20 days of the date you were a no-show or failed to pay. If the court reschedules the court appearance to a later date – and you still fail to appear or pay – then the warrant must issue within 20 days of the later date.¹

After a bench warrant has been issued, you are vulnerable to arrest at any time. This typically happens during traffic stops: You get pulled over for speeding or failure to signal, and the officer arrests you after running your name and seeing the warrant. (In some cases, the DMV can suspend your driver’s license for FTA.)²

The process of getting a bench warrant recalled requires you (or your attorney) to file a motion to quash the warrant with the issuing court. Courts typically recall bench warrants if you have no other history of missing court.

Then if the warrant gets recalled, the underlying traffic case will proceed as normal. Though if the court declines to quash the warrant, then you must remain in custody until the case is resolved or you bail out.³

Note that infraction charges carry only a fine and no jail time. Since there is no possibility of jail for an infraction,

• you are not entitled to a jury trial (just a bench trial), and
• the government will not appoint you an attorney if you cannot afford one.⁴

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Legal References