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    CVC 40508Updated November 27, 20253 min read

    CVC 40508 Failure to Appear in California Traffic Court – What to Do Next

    Violation of California Vehicle Code Section 40508

    Violation category

    General Traffic

    Base fine

    $100

    Estimated total cost

    Includes court fees and assessments

    DMV points

    2 points

    What is California Vehicle Code CVC 40508?

    Violation of California Vehicle Code Section 40508

    Common scenarios

    • You got a ticket but the court mailed the notice to an old address. You didn’t get the court date and missed it.
    • You planned to go to court but got sick suddenly and couldn’t make it. You called the court the next day to explain.
    • You showed up on the date you thought was right, but the court had changed it and you didn’t get the update.

    Key facts

    • Missing court dates can lead to serious consequences: If you don’t appear, the court may issue a warrant for your arrest or suspend your driver’s license.
    • You usually have options to fix a failure to appear: Courts often allow you to reschedule or clear the failure if you act quickly and explain your situation.
    • Ignoring the ticket only makes things worse: The longer you wait, the harder it gets to fix the problem and avoid penalties.

    Fine breakdown for CVC 40508

    CategoryEstimated amount
    Base fine$100
    Court & county surcharges (estimate)$380
    Total estimated out-of-pocket$480

    County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.

    What is CVC 40508?

    CVC 40508 means you missed a court date for a traffic ticket in California. When you get a ticket, the court sets a date for you to appear. If you don’t show up, the court can mark you as "failed to appear."

    This can cause extra problems, like fines, a warrant for your arrest, or even your license getting suspended. It’s serious, but don’t panic — there are ways to fix it.

    What should you do if you got this ticket?

    • Don’t ignore it. The court wants to see you.
    • Call the court right away. Explain why you missed your date.
    • Ask if you can reschedule or pay fines.
    • Consider getting help. A traffic lawyer or a service like ClerkHero can guide you.

    Missing a court date happens, but acting quickly can save you from bigger trouble.


    Defense ideas you can use in your TR-205 packet

    Every ticket is different, but these arguments often surface in successful Trial-by-Declaration defenses. ClerkHero tailors the narrative to match your facts and any evidence you upload.

    Defense 1

    Most common

    You never received the court notice or summons, so you didn’t know about the court date.

    Defense 2

    Pair with evidence

    You had a valid emergency (like illness or accident) that made it impossible to appear on time.

    Defense 3

    The court date was scheduled incorrectly or changed without proper notice.

    Defense 4

    You appeared on the correct date but the court records were mistaken.

    Defense 5

    You were out of state or had a conflicting legal obligation that prevented attendance.

    We can help fight your ticket CVC 40508 online

    ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.

    Step 1

    Upload your ticket

    We extract all violation details using hybrid OCR and AI. Works for handwritten, camera, and printed citations.

    Step 2

    We generate your defense

    You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.

    Step 3

    Sign, mail, and track

    You receive a complete filing packet with step-by-step instructions. Never miss a deadline again.

    *Most CVC CVC 40508 violations are eligible for Trial by Written Declaration. Fixable errors can often result in reduced or dismissed fines once corrected.

    Frequently asked questions about CVC 40508

    What happens if I miss my traffic court date?

    The court can mark you as "failed to appear," which may lead to fines, a warrant for your arrest, or license suspension.

    Can I still go to court if I missed my first date?

    Yes. Contact the court as soon as possible to explain and ask to reschedule or clear the failure.

    Will I get a notice before my court date?

    Yes, the court usually sends a notice by mail. Make sure your address is up to date with the DMV and court.

    Can I fight a failure to appear if I had a good reason?

    Yes. Valid reasons like illness or not receiving the notice can be used to defend yourself.

    Do I need a lawyer to fix a failure to appear?

    Not always. You can contact the court yourself, but a lawyer or services like ClerkHero can help make the process easier.