RULE 6.190.   PROCEDURE ON FAILURE TO APPEAR; WARRANT; NOTICE

(a)    Issuance of Warrants. The court may direct the issuance of a warrant for the arrest of any resident of this state, or any non- resident on whom process may be served in this state, who fails to appear and answer a criminal traffic complaint or summons lawfully served on such person and against whom a complaint or information has been filed. The warrant shall be directed to all law enforcement officers, state, county, and municipal, in the state and may be executed in any county in this state.

(b)    Warrant Not Issued or Served; Disposition of Case. If a warrant is not issued or is not served within 30 days after issuance, the court may place the case in an inactive file or file of cases disposed of and shall report only bond forfeiture cases and cases finally adjudicated to the driver license issuing authority of the department. For all other purposes, including final disposition reports, the cases shall be reported as disposed of, subject to being reopened if thereafter the defendant appears or is apprehended.

(c)    Nonresident of State; Failure to Appear or Answer Summons. If a defendant is not a resident of this state and fails to appear or answer a traffic complaint, the clerk of the court or the court shall send notice to the defendant at the address stated in the complaint and to the department. The department shall send notice to the license issuing agency in the defendant’s home state. If the defendant fails to appear or answer within 30 days after notice is sent to the defendant, the court shall place the case in an inactive file or file of cases disposed of, subject to being reopened if thereafter the defendant appears or answers or a warrant is issued and served.

(d)    Forfeiture of Bail. The waiting period imposed herein shall not affect any proceedings for forfeiture of bail.


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