West Virginia Failure to Appear License Suspension

FTA Holds Are Different from Unpaid-Fine Holds

West Virginia's Second Chance legislation largely eliminated license suspensions for simply failing to pay court fines and costs. But failing to appear in court — an FTA — still triggers an active license suspension that the Payment Plan Agreement system does not cover.

This distinction matters because FTA holds don't qualify for the DMV reinstatement fee waiver that payment-plan enrollees receive. You'll pay the standard $50 reinstatement fee on top of resolving the underlying case. And the longer an FTA sits on your record, the more it compounds — courts can issue bench warrants, and driving on a suspended license while an FTA is active exposes you to criminal charges under West Virginia Code §17B-4-3.

How an FTA Suspension Works

When you miss a scheduled court appearance for a traffic violation or criminal offense, the court notifies the DMV, which suspends your driving privileges. Under West Virginia law, you have a 90-day grace period from the scheduled appearance date to respond to the court before the suspension order is executed. If you act within that window, you may be able to resolve the citation without the suspension ever taking effect.

Once the 90-day window passes and the suspension is on your record, the only way to remove it is to go back to the court that issued it.

How to Clear an FTA Hold

Step 1: Identify the court. Email [email protected] with your name, date of birth, and license number to get the specific court name and suspension identification number for each FTA hold. Courts can be municipal, magistrate, or circuit — the citation came from whichever jurisdiction handled the original traffic stop or criminal case.

Step 2: Contact the court clerk. Call the clerk's office at the court identified in your DMV hold inventory. Explain that you missed a court date and need to resolve the citation. The clerk will tell you whether you need to schedule a new hearing date or whether the case can be resolved administratively.

Step 3: Appear in court. You'll need to formally appear or otherwise resolve the underlying charge as directed by the court, and get the court to lift the FTA. In some cases, the magistrate or judge may issue a new fine — which you can then address through the PPA process if needed.

Step 4: Get the clearance form. Once the FTA is resolved, the court clerk issues a physical "Verification of Satisfaction" or compliance form. Do not leave the courthouse without this document. While some courts transmit electronic clearances to the DMV, relying on that alone is risky — electronic transmissions can fail if there's even a minor data mismatch between the court and DMV systems.

Step 5: Submit to the DMV. Mail or fax the physical clearance form along with the $50 reinstatement fee to DMV Headquarters at PO Box 17030, Charleston, WV 25317. You can also upload documents and pay by credit card through the DMV's online reinstatement portal.

Common FTA Complications

Multiple courts: If you have FTA holds from more than one court, you need to resolve each one individually. They won't clear simultaneously, and clearing one doesn't affect the others.

Outstanding warrants: An FTA can result in a bench warrant for your arrest. Before walking into a courthouse, check whether there's an active warrant by contacting the court clerk by phone first. In some cases, you may want to consult a criminal defense attorney before appearing.

Data mismatch issues: Even after you appear in court and the clerk issues a clearance, the DMV may not receive the electronic notification if your name, date of birth, or other identifying information is recorded differently in the two systems. Following up with the DMV at 304-926-2505 after submitting your physical paperwork can prevent your hold from lingering due to a transmission error.

Why Speed Matters

Every day you drive on a suspended license with an active FTA, you risk being stopped and charged with a criminal misdemeanor. A first offense for driving on a standard suspension carries fines of $100 to $500. If the underlying suspension was for a DUI, the penalty jumps to a mandatory 30-day to six-month jail sentence plus fines. Third offenses are classified as felonies.

The West Virginia Driver's License Reinstatement Guide includes a court-by-court tracking tool and a contact directory for every municipal and magistrate court in the state, so you can identify and resolve each FTA without guesswork.

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