If you do not appear for your hearing on-time, your summons will go to a judge and will be inquested. At an inquest, the judge will review the summons for sufficiency in your absence and make a determination. If the judge finds the summons sufficient, in addition to the assessed fine, you will also be assessed a $200 fine for the violation of failing to appear for the hearing.
Immediately following the hearing date, the TLC will mail you a notice that states you have failed to appear for your hearing and that you have 10 days in which to respond or your license will be placed on suspension. You have two (2) options:
- Plead guilty to the summons within the 10 days and have the $200 additional fine waived.
- File a motion requesting that the Court overturn the inquest and give you a new hearing date. In order for the Court to grant a motion, you must fill out a motion form (Motion Form) and establish that you had a good reason for missing the hearing and state a meritorious defense (a defense, which if proved at the hearing would establish that you are not guilty). If you choose to file a motion and the motion is denied, you will not have the opportunity to have the $200 failure to appear fine waived.
No less than 10 days after the first notice of inquest, the TLC will mail a copy of the judge’s inquest decision. Once the decision is mailed, your opportunity to have the $200 fine waived will have passed.
Once the judge’s inquest decision is mailed, you will have 120 days to file your motion. The TLC will not accept any motions more than 120 days after the date of the judge’s inquest decision.
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