How Long Before An Unpaid Ticket Becomes A Warrant? (2026)

How States Handle Traffic Tickets

Until 1970, most states handled traffic violations as criminal cases. However, an influential study by the National Highway Safety Advisory Committee recommended decriminalizing traffic citations. Many states followed these recommendations, while others have not. As a result, U.S. states fall into the following two categories for handling traffic tickets:

Criminal Violations

Criminal offenses are different from civil matters in several ways. First and most importantly, a criminal conviction can result in jail time. Civil matters, like a divorce or a premises liability lawsuit, conclude with a damage award or civil penalty.

Second, most states allow judges to issue bench warrants for people who fail to appear for criminal hearings or trials. A bench warrant states that the person is subject to arrest if the police come into contact with them. However, the police will not actively hunt for the person.

The following states handle traffic citations as criminal matters:

New Jersey also handles citations as crimes but only authorizes jail time for certain violations, while the punishment for others only includes a fine.

Non-Criminal Civil Violations

In the remaining states, most traffic citations are treated as civil, not criminal, violations. Aside from freeing up space in jails, decriminalization also reduces the costs for jury trials and public defenders since the Constitution only requires states to provide them in criminal cases.

If you get a ticket, it will include a summons and a court date. You must either appear on that date or reschedule it. If you fail to do so, the court can enter a default judgment against you.

The default judgment will include a civil penalty. This penalty is more similar to a court judgment or personal injury settlement than a fine because courts usually do not use arrest warrants to enforce them. Instead, they use three other mechanisms.

First, the state can suspend your driver’s license. Maine, for example, automatically suspends your driver’s license if you do not pay your civil penalty before the deadline in the default judgment.

Second, some states also suspend your vehicle registration. In Arizona, courts can place a hold on your registration for unpaid civil penalties, and you will not be allowed to renew it until you pay them.

Third, your case could be turned over to a collections agency. This agency can use all the normal tactics, such as phone calls and negative entries on your credit history. In Florida, courts usually give you 90 days to pay your penalty before sending the case to collections.

However, these states generally avoid issuing arrest warrants for a failure to appear or pay. The main exception to this rule occurs when the original arrest was for a misdemeanor or felony crime, such as a DUI or reckless driving offense.

Can You Get a Warrant for Unpaid Tickets?

In the 19 states that treat citations as criminal offenses, the citation includes a court summons with a court date. If you miss your court date, the judge can issue an arrest warrant.

State law determines how long before an unpaid ticket becomes a warrant. In some states, you receive a grace period before the court issues a warrant. For example, Georgia gives you 30 days to pay your fine or make other arrangements after you miss a hearing.

Other states give you no formal grace period. Texas law, for example, allows judges to immediately issue a traffic warrant if you are not present in the courtroom when the judge calls your case. While some judges will provide a pre-warrant notice explaining your options to arrange a new court date or pay your fine, Texas law does not require them to do so.

If the police pick you up on a bench warrant for traffic ticket failures, they take you to jail, not the courtroom. You could wait in jail for several days before you see a judge. In some cases, you spend more time in jail waiting to see a judge than you would have as a sentence for the original traffic violation.

When you appear before the judge, you will likely receive a new court date. In other words, the judge will probably not handle your case at that time. Instead, the judge will release you “on recognizance” or after you post bail.

Bench Warrants vs. Arrest Warrants

Bench warrants are not the same as arrest warrants. Specifically, bench warrants are issued by a judge after someone violates court rules. For example, New Jersey defines a bench warrant as limited to a failure to appear in court or otherwise obey a court order.

Arrest warrants, by contrast, require proof of probable cause that the person committed a crime. It’s important to note that arrest warrants can still be issued in traffic cases, though. For instance, a judge might issue an arrest warrant when the police identify the driver while investigating a violation of the state’s hit-and-run statute.

Bench and arrest warrants are also handled differently by the police. Officers will actively seek someone named in an arrest warrant, while they generally do not pursue people for bench warrants.

Instead, they enter the bench warrant into their records and arrest the person if they encounter them. In many cases, this happens during a traffic stop. However, any time the person encounters the police, they may run their name for bench warrants.

Under a bench warrant, the person can be taken into custody. They may be held in jail until the next opportunity to see a judge. The judge will often ask why the person missed court and, once they promise to return for the original offense, recall the bench warrant.

In other words, failing to appear or pay a ticket is not a felony or misdemeanor crime. It is simply a violation of court rules.

The Consequences of an Arrest Warrant for Unpaid Tickets

It’s best to deal with your unpaid tickets before a judge issues an arrest warrant. Although the police won’t actively search for someone with a bench warrant, having a warrant comes with a range of potential consequences:

Possible Arrest

If you have to interact with law enforcement for any reason (even reasons unrelated to your traffic tickets), you could be arrested. This can be especially stressful because you may be arrested when you least expect it.

Increasing Fines

If you don’t pay your ticket and the judge has to issue a warrant for your arrest, you may end up owing more than the original ticket amount.

Driver’s License Suspension

When someone has an active warrant (even a bench warrant), their driver’s license will typically be suspended. This means that if you’re pulled over, you could be charged for driving without a license in addition to being taken to jail for your outstanding warrant.

Potential Impact on Employment

Many jobs conduct background checks before hiring employees, and some companies run periodic background checks on the employees they already have. If you have a warrant, it usually will show up on a background check. That may lead to denial of job opportunities or even being fired from your job.

What to Do if You Already Have a Warrant

Avoiding bench warrants is ideal. But what if you already have one? Generally, it’s better to be proactive than to just wait until you’re arrested.

Before getting in touch with the local clerk of the court regarding a warrant, you should contact a defense attorney. A skilled lawyer can ensure your rights are respected during this process, and they may also be able to negotiate with the prosecutor to avoid jail time or cancel the warrant.

In many cases, your attorney can help you resolve your warrant in one of these ways:

Contacting the Traffic Court

Once you realize you have an unpaid traffic ticket, contact the traffic court directly. The court clerk will likely ask for the citation number and driver’s license information to find your case.

If you cannot afford to pay the ticket immediately, you can ask the clerk about payment plans. Some states also reduce fines if you can prove financial hardship.

This call does not substitute for appearing in court. In other words, if you have a bench warrant, the judge will probably not recall it simply because you called in. You still need to either plead guilty and pay the fine or appear in court.

Consider hiring a traffic attorney to discuss these options. If you choose to hire the lawyer, they can appear in court on your behalf and request a warrant recall.

If you choose not to plead guilty and pay the fine, you may need to appear in court. Appear as scheduled and bring or provide your lawyer with documents to support any arguments you want to make about the original citation or a fine reduction.

Whether you plead guilty or appear in court, make sure you understand and comply with all court requirements. If you fail to comply, the judge may issue another bench warrant.

Paying the Fine

In some cases, you may be able to pay the existing fine (plus any surcharges added for non-payment) and have the warrant canceled as a result. This is more likely if you have a minor speeding ticket or other relatively low-level traffic citation.

Appearing in Court

Sometimes, you may need to appear in court to have the warrant canceled. Your attorney may be able to negotiate a voluntary court appearance and possibly help you avoid spending time in jail first.

Turning Yourself In

In some instances, you may need to turn yourself in to have your warrant resolved. If this is the case, your attorney can help you arrange a voluntary self-surrender.

Contact ConsumerShield to Learn More About Unpaid Tickets

In some states, a failure to appear in court or pay a fine will result in an arrest warrant. While some states give you a grace period, others authorize the judge to take immediate action. ConsumerShield helps you answer the question, “What to do if I have a warrant for a traffic ticket?” Contact us for a free case evaluation and a lawyer referral.