CONTACT YOUR ATTORNEY FIRST. If you have an attorney, your attorney must handle getting an Order for Arrest or Failure to Appear stricken and/or resetting the court date, no exceptions. We are not allowed to communicate with you directly if you are represented by counsel.
ORDERS FOR ARREST
For some misdemeanor offenses, if you fail to appear on your court date, an Order for Arrest is issued by the presiding Judge in that courtroom. If that is the case, WE CANNOT HELP YOU. That is an Order of the Court and we cannot excuse you from it. You either have to hire an attorney or have the Order for Arrest served on you to get the case back into the system. To have an OFA served, report to the Buncombe County Detention Facility.
CHECK WITH DMV FIRST
In January of 2019, District Attorney Todd Williams executed a mass dismissal of older, minor traffic matters in order to provide citizens with license eligibility. Please confirm with DMV whether you are eligible or, if not, they give you the case number of the ticket that is causing the problem. The case number will help us locate the case and help you.
FAILURES TO APPEAR
For some minor traffic matters, an Order for Arrest is not issued but a Failure to Appear is entered on your driving record. This suspends your license. If you fail to appear on one of these cases, you will get a letter from DMV telling you that they have entered a Failure to Appear and your license will be revoked by a certain date if you do not get it resolved. This letter will have the case number on it.
In those cases, where there is no Order for Arrest, the District Attorney will either dismiss the case or reset the court date so that you can ask the Court to strike the FTA. The District Attorney does not have the legal authority to strike FTA's, so if one has already been issued, you will have to ask the Court for that on your new date when it's reset- but we will get it back into court for you so you can take care of it.
If DMV confirms that you have an FTA that is suspending your license, you may visit our main office on the 6th floor of the Buncome County Judicial Complex between 8 AM and 5 PM Monday through Friday. You can also call our office during the same hours at 828-259-3410 and a trained staff member will assist you.