In New South Wales and the Northern Territory, a driver must accumulate 12 demerit points before their license can be suspended. In other states, if you reach a threshold of 4 or more demerit points, your license is automatically suspended. If you accumulate 7-12 points in one year, your driving privileges are suspended for 3 months. A second suspension within 5 years means an 18-month suspension period. If you’re caught with 12 or more points again within 5 years, your license will be suspended for either 2 years or until you turn 25, whichever is longer. Even though getting points on your license is undesirable, it’s not always possible to avoid them even if the points were given unjustly or because of an error made by another party. This article explains how to get the failure to appear on your traffic infringement notice dismissed so that it does not appear on any future records checks by potential employers and insurers.

Can You Get A Failure To Appear Dismissed?

Yes, it is possible for someone charged with failing to appear in court (also called ‘failure’) at their trial date due to illness or another reason (such as attending an appointment) for that particular day but not for any future trials within 12 months, if there is no conviction recorded against them.

What Happens If You Don’t Appear In Court?

1. If you don’t appear in court, a warrant may be issued for your arrest by the police.

2. The police will then attempt to contact you and if they can’t, they will issue a summons for you to appear in court on the date stated on the summons.

3. If no one comes forward to take responsibility for you, the police may issue an arrest warrant which can be served by anyone.

4. If you are charged with a criminal offense, you will be taken into custody and held until appearing at your trial or sentencing hearing.

5. You may be released on bail pending trial but if found guilty of not attending court or failing to appear at court, this could result in a conviction recorded against your name which is a negative mark against your name on any future driving record checks (e.g., license applications).

6. If there is no conviction recorded against your name within 12 months of being arrested and charged with failure to appear, it is possible that the charge will automatically be dismissed by the Magistrate’s Court judge as long as no other offense (including related traffic offenses) has been committed in that time period (see below).

7. It is not possible for someone who has been convicted of failing to attend court or who has failed to appear at any court hearing within 12 months of being arrested and charged with failure to appear without having committed another offense first (including related traffic offenses) unless their solicitor can prove that they have been genuinely ill or otherwise unable to attend court.

8. For example, a conviction of failing to attend court (failure summons) will stay on your driving record as long as you have not completed any other offense in the 12 months following the date of the court hearing.

Options When You Miss Your Court Date

1. If you miss your court date, you will be issued a summons for failure to appear in court. This is a criminal offense and you can be arrested and held in custody until appearing at your trial or sentencing hearing.

2. You will be issued with a summons for failure to appear if the police believe that you are not able to attend court because you are seriously ill or otherwise unable to attend (e.g., due to mental health issues).

3. If the police issue a summons for failure to appear against someone who is genuinely ill or otherwise unable to attend, they will notify their lawyer and the person’s lawyer will have the opportunity to apply for an adjournment of proceedings on their behalf; however, if no adjournment is granted by the Magistrate’s Court judge, then the case may proceed without that person in attendance.

4. If you fail to appear at your trial, your lawyer may apply for an adjournment of proceedings on your behalf during which time you may be able to present evidence that would assist your defense (e.g., medical evidence) but this must be done within 28 days of being served with a summons for failing to appear at court (failure summons).

5. The case could proceed without that person in attendance if they had been genuinely ill or otherwise unable/unable/unwilling/unable to attend court when they were served with their failure summons, but this must also be done within 28 days of being served with the summons for failing to appear at court (failure summons).

How To Get A Failure To Appear Dismissed

1. If you have received a summons for failure to appear in court and you are able to attend court on the day of your trial, you should contact your lawyer and ask them to appear on your behalf.

2. If you are unable to attend court on the day of your trial, you can apply for an adjournment of proceedings.

3. If the Magistrate’s Court judge grants an adjournment of proceedings, then they will instruct the police to issue a further summons against you for failing to appear at court (failure summons). The new failure summons will be issued no more than 28 days after being served with the previous failure summons (failure summons).

4. Once issued with a new failure summons, if you attend that date in court, then it will be dealt with as a regular case.

5. However, if you do not attend that date in court, then it is likely that the case will proceed without that person in attendance due to their illness or inability/unwillingness/inability to attend court when they were served with their failure summons (failure summons); however this must also be done within 28 days following being served with the second failure summon (failure summons).

6. Should this occur, then it is likely that any evidence presented by your lawyer at trial would be “admitted” by Magistrate’s Court judges who would not expect any evidence presented by your lawyer at trial as there is no defense available to you.

Conclusion

Drivers are advised to take the date and time of their court appearance seriously. If you miss the court date, you can apply for an extension, but you can only do this once. If you miss the court date again, you will be charged with a Failure to Appear, which will appear on your criminal record. You can avoid this by setting an alarm on your phone and making sure you arrive at court on time.

FAQs:

Q: Who can issue a Failure to Appear?

A: Failure to appear is issued by the Magistrates Court in relation to any offense. It is a criminal offense, so it can only be issued by a Magistrate’s Court judge. The police do not issue Failure to Appear summonses.

Q: What does a Failure to Appear to look like?

A: A Failure to Appear summons will be in the form of an enforcement notice and will contain your name, address, and the court date of your appearance (failure summons). You should be given 14 days after you receive the failure summons (failure summons) to appear at court. If you miss your court date, then you will then receive a second failure summons which must be attended to within 28 days of receiving this second failure summons (failure summons).

Q: Can I get out of appearing in court if I have received a Failure to Appear?

A: Yes, there are methods by which you can get out of appearing in court if you have received a Failure to Appear. These include pleading guilty or nolle prosequi before the first or second failure summon (failure summons) is served on you for failing to appear at court (failure summons). If you plead guilty or nolle prosequi before being served with the first failure summon (failure summons), you will avoid being charged with a Failure to Appear. If you have pleaded guilty or nolle prosequi before receiving the second failure summons (failure summons), then you can avoid appearing in court and being charged with a Failure to Appear.

Q: How can I avoid receiving a Failure to Appear?

A: You can avoid being charged with the failure summons (failure summons) by ensuring that you attend court on time for your appearance at court. You should be aware that if you are late for your court appearance, then it is likely that your failure summons (failure summons) will be issued by the police rather than a Magistrate’s Court judge, which means that it will appear on your criminal record. If this happens, then there is no getting out of appearing in court. There is no defense available to you should this occur as there is no defense available to you in relation to any offense.