traffic court. i can't get there. what will happen to me?
November 13, 2019 8:12 AM Subscribe
i was due in court today for a citation i received for not having car insurance. ..
i have terrible panic attacks, ptsd, and agoraphobia. i've already had one panic attack today and i'm not eager for more. i'm in virginia - what will happen to me if i don't show up? (i'm guilty, there's no disputing that)
i have terrible panic attacks, ptsd, and agoraphobia. i've already had one panic attack today and i'm not eager for more. i'm in virginia - what will happen to me if i don't show up? (i'm guilty, there's no disputing that)
Look up your case and call the Clerk of the Court.
I am not familiar with VA, and this is not actual legal advice, but from what I can see about how VA does traffic court: if this was a trial date, and if an insurance ticket is handled like a regular moving violation traffic infraction (and not like a fix-it ticket), then the traffic court probably just held the trial in your absence, found you guilty, and now you owe the fine. They'll mail you the paperwork. If you had planned to plead guilty and pay the fine then the outcome would be essentially the same.
Here's a VA lawyer's web page with a bit more detail (this is not a recommendation). To the extent you do want to contest on some basis, the site explains you have a right to request a rehearing in the full circuit court with no explanation, if made within ten days, so you have an option there as well.
posted by snuffleupagus at 8:36 AM on November 13, 2019 [2 favorites]
I am not familiar with VA, and this is not actual legal advice, but from what I can see about how VA does traffic court: if this was a trial date, and if an insurance ticket is handled like a regular moving violation traffic infraction (and not like a fix-it ticket), then the traffic court probably just held the trial in your absence, found you guilty, and now you owe the fine. They'll mail you the paperwork. If you had planned to plead guilty and pay the fine then the outcome would be essentially the same.
Here's a VA lawyer's web page with a bit more detail (this is not a recommendation). To the extent you do want to contest on some basis, the site explains you have a right to request a rehearing in the full circuit court with no explanation, if made within ten days, so you have an option there as well.
posted by snuffleupagus at 8:36 AM on November 13, 2019 [2 favorites]
If you can afford an attorney to handle this for you, it may be worth the hassle.
If not, call the clerk's office for the court you were supposed to be at, and explain your situation. They may allow you to reschedule, they may not. If not, just confirm that there is no bench warrant or anything, and then do whatever you need to do to pay the fine, or at least start making payments on the fine. Don't ignore this, there is a good chance that you can effectively solve this problem today, even if you don't have the money to pay it all off today. If you allow yourself to let it linger, there is a significant chance it could become a HUGE problem.
posted by skewed at 8:40 AM on November 13, 2019 [1 favorite]
If not, call the clerk's office for the court you were supposed to be at, and explain your situation. They may allow you to reschedule, they may not. If not, just confirm that there is no bench warrant or anything, and then do whatever you need to do to pay the fine, or at least start making payments on the fine. Don't ignore this, there is a good chance that you can effectively solve this problem today, even if you don't have the money to pay it all off today. If you allow yourself to let it linger, there is a significant chance it could become a HUGE problem.
posted by skewed at 8:40 AM on November 13, 2019 [1 favorite]
Response by poster: @pyro7979 - i do have insurance, and i actually bought it a while back, even though the car was totaled and un-driveable.
posted by megan_magnolia at 8:57 AM on November 13, 2019
posted by megan_magnolia at 8:57 AM on November 13, 2019
If VA's procedure is to dismiss these tickets upon proof of obtaining insurance — without regard to whether you were guilty in the moment, in the manner of a fix-it ticket, which is how some states do it— then you may want to look into the rehearing procedure.
posted by snuffleupagus at 9:03 AM on November 13, 2019
posted by snuffleupagus at 9:03 AM on November 13, 2019
Circa 18 years ago I failed to show in Virginia traffic court for a reckless driving charge. I called the court to explain that I had failed to appear because of a complicated thing involving having two court dates that week, one in which I was a witness (which was canceled when the defendant in that case pled) and one in which I was the defendant and I mixed up the two dates. They were not particularly sympathetic (fair enough, it was a dumb mistake) and I had to pay a substantial-to-me fine for the reckless driving, which I suspect I could have gotten knocked down to a lesser charge or dismissed if I had been in court (the facts of the case were that I was a new-ish driver and I was in a single-car crash with no witnesses).
Call as soon as you can, and if necessary pay as soon as you can. It will be OK.
posted by mskyle at 9:11 AM on November 13, 2019 [1 favorite]
Call as soon as you can, and if necessary pay as soon as you can. It will be OK.
posted by mskyle at 9:11 AM on November 13, 2019 [1 favorite]
it may be possible to pay the fines associated with your citation online if you don't plan on disputing the claim. i would definitely try to follow up with the court today rather than ignoring it.
not having insurance in some states can result in license suspension, so you may want to get them the proof of insurance somehow.
posted by domino at 9:12 AM on November 13, 2019 [1 favorite]
not having insurance in some states can result in license suspension, so you may want to get them the proof of insurance somehow.
posted by domino at 9:12 AM on November 13, 2019 [1 favorite]
I live in Virginia, and a similar situation happened to me. Your license will get suspended, and you'll have to pay DMV a fine, in my case a couple hundred dollars, before you can get your license restored. It will take some money to fix, but it's not thousands of dollars, and it's fixable. It's not the end of the world.
But, don't drive any vehicle, your own or anybody else's, until you get this straightened out with DMV.
In my case, I'd just moved when this happened and legal notices got sent my old address. So, I didn't know my license had been suspended. Fortunately, I didn't drive after my insurance had lapsed or after my license had been suspended. (My car died about a month after moving. I didn't borrow anyone else's car during that time period or try to rent one.) So it ended up being fairly painless to fix.
Get somebody to drive you to DMV, or take a bus, or get a taxi. Find out what you owe. Pay them, and you'll be OK.
posted by nangar at 10:02 AM on November 13, 2019
But, don't drive any vehicle, your own or anybody else's, until you get this straightened out with DMV.
In my case, I'd just moved when this happened and legal notices got sent my old address. So, I didn't know my license had been suspended. Fortunately, I didn't drive after my insurance had lapsed or after my license had been suspended. (My car died about a month after moving. I didn't borrow anyone else's car during that time period or try to rent one.) So it ended up being fairly painless to fix.
Get somebody to drive you to DMV, or take a bus, or get a taxi. Find out what you owe. Pay them, and you'll be OK.
posted by nangar at 10:02 AM on November 13, 2019
tl;dr There's a mass-market traffic-law firm in NYC that would drop everything and handle this for you, and then make all the future appearances and settle the case on your behalf. The entire fee for a traffic infraction of mine was $350. Presumably there's similar where you are, but you'll have to search on-line or ask around.
posted by JimN2TAW at 11:41 AM on November 13, 2019 [2 favorites]
posted by JimN2TAW at 11:41 AM on November 13, 2019 [2 favorites]
Where in VA are you? I know a traffic attorney in the Fredericksburg area.
posted by COD at 2:53 PM on November 13, 2019
posted by COD at 2:53 PM on November 13, 2019
Best answer: Note: Virginia recently made it illegal for the courts to suspend licenses over unpaid court fees. So if there is a concern over license suspension, it won't be because of unpaid court fees.
I recently moved to Canada from Virginia and missed a Virginia court date for a minor traffic infraction. I have executive functioning issues and anxiety (thanks ADHD) and neglected to pay the ticket online before the court date. Whoops. I was able to pay it the day after, online, and narrowly avoided license suspension (this all happened literally a month before that new law went into effect banning license suspensions for unpaid court fees, so I was still vulnerable, but you wouldn't be).
I'm pretty certain you may be able to pay this one online. I think within a 24 hour window of the court date you can't pay it, but tomorrow you might be able to do so. Check here on how to search and pay the ticket online.
Also note that Virginia is a state that doesn't require residents to carry auto insurance. You do have to pay a $500 annual fee in lieu of carrying auto insurance, and the fine you owe looks like it may be that much or less. But it doesn't appear it would result in a license suspension. If it's too much to pay now, contact the court and ask about a payment plan. Don't take it personally if they act like jerks, they're like that with everyone.
posted by nightrecordings at 6:21 PM on November 13, 2019 [1 favorite]
I recently moved to Canada from Virginia and missed a Virginia court date for a minor traffic infraction. I have executive functioning issues and anxiety (thanks ADHD) and neglected to pay the ticket online before the court date. Whoops. I was able to pay it the day after, online, and narrowly avoided license suspension (this all happened literally a month before that new law went into effect banning license suspensions for unpaid court fees, so I was still vulnerable, but you wouldn't be).
I'm pretty certain you may be able to pay this one online. I think within a 24 hour window of the court date you can't pay it, but tomorrow you might be able to do so. Check here on how to search and pay the ticket online.
Also note that Virginia is a state that doesn't require residents to carry auto insurance. You do have to pay a $500 annual fee in lieu of carrying auto insurance, and the fine you owe looks like it may be that much or less. But it doesn't appear it would result in a license suspension. If it's too much to pay now, contact the court and ask about a payment plan. Don't take it personally if they act like jerks, they're like that with everyone.
posted by nightrecordings at 6:21 PM on November 13, 2019 [1 favorite]
Response by poster: quick update - i was found guilty (because i was) but the judge waived all fines, and just left me responsible for court fees! i know i got super lucky, and i won't ever put myself in this position again!
posted by megan_magnolia at 6:43 PM on November 14, 2019 [2 favorites]
posted by megan_magnolia at 6:43 PM on November 14, 2019 [2 favorites]
It's good that you understand you shouldn't drive uninsured, but given what you've said about yourself I want to say this isn't the sort of thing you need to beat yourself up about.
The Court is likely granting you the same commonsense relief it routinely grants to people who make these mistakes, and it's fitting that it should do. You've corrected the situation, nothing bad happened in the interim, there's no public interest in making things worse for you. (Especially after the revision of the law mentioned upthread.)
Glad it all worked out!
posted by snuffleupagus at 4:18 PM on November 15, 2019
The Court is likely granting you the same commonsense relief it routinely grants to people who make these mistakes, and it's fitting that it should do. You've corrected the situation, nothing bad happened in the interim, there's no public interest in making things worse for you. (Especially after the revision of the law mentioned upthread.)
Glad it all worked out!
posted by snuffleupagus at 4:18 PM on November 15, 2019
This thread is closed to new comments.
Additionally, is your insurance now up to date? If not, get that taken care of.
If money is tight, get someone (family/friend) to at least advocate on your behalf (make the phone calls, show up with you to court, etc).
posted by pyro979 at 8:34 AM on November 13, 2019 [3 favorites]