Failure to appear North Carolina. I mean ONLY North Carolina.
I went to court on a seat belt violation. Despite my better attempts at cross examination I lost. yeah yeah, save the lectures about trying your own case. I know. I had good facts and a good cross. But my question is, I paid the fine the day of the scheduled court date. The court date was to ensure compliance with the fine. Later that day I went to class, looked online and realized the docket moved a week. So a week later (today) the day of the scheduled court appearance I am under the weather from some kind of weird virus with no energy. I saw a doctor and have documentation. Just wondering what the consequences are for not appearing and how I can mitigate or rectify the situation assuming the court issued an FTA. Issue may be moot because the fine was paid.
4 attorney answers
If you have an FTA then your license will be suspended by the DMV. If you are not sure, you need to contact the clerk's office and find out, or otherwise you will be getting a letter from the DMV with a suspension date. If the ticket has been paid, then it is unlikely that not appearing will affect your license, however, if an FTA was issued, then the possibility exists that you paid the fine, but not any FTA fee that may be due - which is generally $200.
If the FTA fee is still outstanding, again, DMV may take your license. You really need to contact the clerk of court to find out the status of your ticket.
If there is an FTA, you have two options - 1. hire an attorney to strike the FTA so that notice will be sent to DMV to not suspend your license, or 2. Pay the FTA fee to comply and the FTA will be recalled.
Usually if you comply in a timely fashion, you won't actually be placed on the docket. Call the clerk's office to verify an fta. If so, hire a lawyer. The cost to strike the fta is usually less than paying it.
This answer is being posted as public information for the general public and is not case specific. Brandon R. Roseman is lawyer licensed to practice in North Carolina, laws very between States, you should consult your local laws and a local attorney for specific answers to your particular case. This message is not intended to create an attorney/client relationship and is not being offered as legal advice. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
If your court date was today, you basically have 20 days to fix the situation. Go to court next week and ask to pay the ticket. That should fix the situation.
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
You should contact the Clerk of Court to find out what's happened with your case. If an FTA was entered, you should either ask how to get the case back on the docket and appear on that date, or you need to hire a local attorney to investigate and resolve the matter.
The information provided by attorney Mark Lawson does in no way create an attorney-client relationship nor is an attorney-client relationship to be inferred. The information provided is intended for an educational purpose based on the information provided. The answer provided should not be taken as legal advice on any particular set of facts or circumstances. You should contact a licensed attorney for advice on specific legal problems.