FTA (Failure to Appear) Penalties

FTA ConsequencesIt could happen to anyone.  You receive a traffic ticket and even though you planned, with the best intentions, to attend court, it never makes it to your calendar.  The ticket gets misplaced.  The court date comes and goes and you are otherwise blissfully unaware of the process that is now underway to suspend your license and possibly result in a bench warrant being issued for your arrest!  All the while, the entire incident has completely slipped your mind.  That is until you receive a letter from the Department of Driver Services (“DDS”) notifying you that your license has been suspended (or is about to be suspended) due to the FTA issued by the traffic court.

Bench Warrant and FTA ArrestAn even worse scenario is the one where you don’t see the notice from DDS, and you are notified of the bench warrant and suspension by a police officer on the side of the road who writes you a ticket for driving on a suspended license and takes you to jail on the new charge.  You won’t be able to bond out of jail however until you figure out a way to lift the bench warrant that the Judge had issued when you missed your first court date.

An innocent and seemingly common mistake can lead to highly disruptive and wildly unexpected consequences!

FTA Will Suspend LicenseThis sequence of events is far more common than most people would normally suspect.  You are not alone if you believe that license suspension may seem like an unnecessarily harsh consequence for someone who merely inadvertently misses a traffic court appearance.  Although it may be harsh, it is an extremely cost-effective method for getting those people who do initially miss court, to return to eventually return to court to handle the initial citation.  As a result, almost all traffic courts impose this penalty for missed court dates.

Once you are aware of the FTA and/or bench warrant, it may be a relatively simple matter of communicating with the issuing court, paying an FTA fine and getting the appropriate paperwork (indicating the court’s removal of the FTA suspension) to DDS in order to lift the suspension.  The process will vary from court-to-court and some courts will require you to physically appear before the Judge – especially if you want to handle it yourself, without the assistance of an attorney. One of the benefits of hiring an attorney is that in many instances, the attorney can have the FTA and/or bench warrant lifted without requiring you to also appear in court.

How to Lift an FTA SuspensionOne of the more permanent consequences of this type of suspension is that the FTA License Suspension will stay listed on your driving history.  For many drivers, this should not have significant adverse consequences.  However, for those whose occupation is related to driving, this could create a real problem for your employer.  In some settings, this kind of suspension can lead to termination when the employer discovers it either through employee-disclosure or simply through a routine driver’s history background check.

If you are facing an FTA suspension and are unsure as to what your next steps should be, contact an attorney today to find out what options may be available to you.

Dunwoody DUI and Traffic Attorney

Duwoody DUI Lawyer

Dunwoody Municipal Court is nestled in an easily accessible office complex very close to the Perimeter Mall. Although it is quite convenient to get to, it is a good idea to arrive early, as parking can be limited on days with a busy court calendar.

The Court entrance is directly across the hall from the Police Department. When you first enter, one of their amazingly patient and charming bailiffs will direct you to the Clerk’s window and ask that you sign in.

Once the Clerk has checked you in, you will be ushered through the security screening and into the courtroom. You will be asked to turn your mobile devices off and/or return them to your car. If your phone goes off in court the Judge will have the option of confiscating it.

Dunwoody has more than one judge so if you have to go back to court on multiple occasions you may not be in front of the same judge. That is true of the Dunwoody prosecutors as well. Typically there will be two prosecutors at any given calendar. On the days there is only one however, you can expect that there may be some unavoidable delays.

Normally the prosecutor will take time to speak with anyone who wishes to have a pre-trial discussion with them about their case. This may be the first opportunity you have to find out how the prosecution would like to resolve your case. Although they do their best to move through these conversations quickly, it can still take quite a long time to be reached.

Lawyers will often be called first. This is a professional courtesy extended to attorneys since they are frequently scheduled to be in more than one court at the same time. The court staff understand that other judges around town are waiting for those attorneys to appear in neighboring courts. As a result, it is a normal practice to allow attorneys to speak with the prosecutor and appear in front of the Judge before other people who are representing themselves.

If you are attending court on a “document case” – or rather, a case where you simply have to show your insurance or license was indeed valid on the day in question – make sure you bring your original paperwork! Not all prosecutors or judges will accept electronic copies as proof of compliance.

You will be given the option to plead guilty or not guilty. If you are charged with a traffic offense under State law, you have the right to a jury trial. The bailiffs will give you paperwork discussing this right. Read the paperwork carefully. If you plead not guilty, you will have to designate which kind of trial you are requesting. If you indicate you are requesting a bench trial, then you will also be waiving your right to a jury trial when you sign the paperwork. Once you waive your right to a jury trial you no longer have the right to transfer your case over to DeKalb County. Sometimes this is exactly the right decision. And other times, it may not be.

Talk to a lawyer today to find out what options you have before going to court!

Brookhaven GA DUI and Traffic Attorney

Brookhaven DUI and Traffic attorney

Brookhaven Municipal Court is a somewhat new municipal court as compared with many other local courts in the metro-Atlanta area. Despite its relatively short tenure, Brookhaven has established an impressive reputation for running an efficient and fair municipal court.

Brookhaven Pay Your Ticket OnlineBrookhaven has joined the ranks of many other courts and now, depending on what you are charged with, you may be able to pay your ticket online. This may not always be the best option if you are looking to avoid the consequences of a guilty plea, such as points or the citation being reported to your driver’s history.

For most individuals who do attend court, it is one of the only times he or she will interact directly with the judicial system. Not all municipal courts are sensitive to the fact that most people are wrought with anxiety and fear as they enter court for the first time. The Brookhaven Municipal Court goes out of its way to make attending court as painless as possible.

Brookhaven Municipal CourtWhen you first enter, one of their very courteous and friendly court officers will direct you to the courtroom entrance. Once everyone is seated and court has begun, the Judge will call out the names of the people on that day’s docket. Be sure that when your name is called you stand and make yourself visible to the Judge. Pay attention to the Judge’s instructions and do not leave court until the conclusion of your case to avoid a bench warrant and/or FTA license suspension.

Cobb County Blog Post.001You should expect somewhat lengthy unavoidable delays. Many people who come to court request the opportunity to discuss his or her case with the prosecutor. The prosecutor will normally speak with everyone, but this can only happen one at a time.

Just like the court staff, the prosecutors that work in Brookhaven Municipal Court treat everyone with respect, and listen to each individual’s concerns. However these conversations take time, and on days with large dockets, you may have to wait more than an hour or two before you get a chance to discuss your case.

Be Patient Brookhaven Municipal CourtThe amount of time you will spend in court may depend upon how many other people are also waiting to speak with the prosecutor.

If you think court will take a while and you have a scheduling conflict, you should consider addressing the Judge directly to see if you can reschedule your court date to a more convenient day. If you know you have a scheduling conflict in advance of court, you may be able to request a new court date in person at the Clerk’s office.

Plan ahead and come to court prepared! Being prepared means making sure you have a complete understanding of what you have been charged with and what possible consequences a conviction could have. Whether you have been charged with a DUI or a basic traffic offense, there are often significant collateral consequences with respect to your license, your criminal history and your driving record.

You should consider speaking with an attorney before going to court. Depending on the charge you may not need to hire a lawyer, but you should know all your options ahead of time.

Most Important Things to Know When You Have a Traffic Ticket in Atlanta Municipal Court

Atlanta Traffic Ticket TipsAtlanta Municipal Court is the busiest municipal court in Georgia. They handle an enormous volume of cases on a daily basis.   Luckily they are continually growing to meet the ever-present demands of a busy city court.

There have been a number of new judicial appointments by the Mayor that have provided the Court a much needed reprieve from overloaded case calendars which had frequently been so congested that court couldn’t end until late in the evening.

Text Atlanta Court Date Reminder to Your Cell PhoneThere have also been numerous technological advances that have greatly improved the customer service experience. For instance, if you forgot your court date, or are simply worried about missing it, you can text your citation number to (404) 975-1115 and it will tell you your court date along and send you a reminder text the day before court.

You can search for your case here and find out if the ticket is payable.

PTIT Program Atlanta Municipal CourtAtlanta Municipal Court also has a dismissal program, called PTIT which allows for a significant number of cases to be dismissed upon payment of a fee and in some cases, completion of a defensive driving course. This is a great benefit to drivers who would otherwise suffer significant collateral consequences of a traffic ticket conviction, including a suspended license and/or an increase in insurance rates.

Know Your Options in Atlanta Traffic CourtThe best way you can prepare yourself for your court date is by doing the relevant research ahead of time. All too often people are overwhelmed in court. Very few people actually fully appreciate the consequences of the decisions they are asked to make within moments of entering the courtroom. Do you want to plead guilty or not guilty? Should you enter a nolo plea or would it be better to enter a guilty plea? If you want a trial, is a bench trial better than a jury trial? If you haven’t figured out the answers to these questions ahead of time, you may find yourself feeling very far outside your comfort zone.

Often the people who work in Atlanta, including the judges and prosecutors, will try to provide the relevant information when it is requested, but with such a high volume of cases they do not have time to engage in a lengthy analysis of your options.  Furthermore, it is not their job to advise you of the best course of action in your case. As a result, it would be very unwise to look to them alone for relevant information about your case.

Meet with an Atlanta Traffic AttorneyIf you don’t have a clear understanding of the kind of decisions you will have to make and why they may be extremely important, then you should spend some time preparing in advance of court. One of the easiest ways to prepare for court is by speaking to an attorney who regularly practices in the Atlanta Municipal Court.

To speak with an attorney today, call Erin Gerstenzang at 404-771-6675 for a free consultation.