Commercial drivers in the state of California are required to follow strict regulations related to the operations of their vehicles. These drivers are also required to stop at certain inspection points to make sure that they are following all relevant guidelines.
Professional drivers that ignore these stops can face charges under California Vehicle Code Section 42002.1: Failure to Stop and Submit to Inspection. You can learn more about VC 42002.1 here with the professionals at the Simmrin Law Group. Let us help you understand how these charges apply and the penalties for a conviction.
The Definition of a VC 42002.1 Violation
According to VC 42002.1, commercial drivers in the state of California can face serious penalties if they fail to stop at inspection stations so that a professional could check their equipment or vehicle for unsafe conditions.
However, commercial drivers should only face a VC 42002.1 conviction if they were first convicted of violating:
- California Vehicle Code Section 2800: Disobeying a Police Officer
- California Vehicle Code Section 2801: Disobeying a Fire Department Officer
- California Vehicle Code Section 2803: Failure to Comply with Height, Weight, Length, or Width Requirement
Any driver who violates these regulations can be prosecuted under VC 42002.1 in the court system of California.
Examples of Failure to Stop and Submit to Inspection
Boost your understanding of VC 42002.1 charges by checking out these examples right now.
Man A is a commercial driver who knows that his truck is overweight. He thinks he can avoid a major fine if he does not stop at an inspection station along the way, so he drives by the station and does not stop. He was previously convicted under VC 2800. He could be prosecuted for failure to stop and submit to inspection.
Man B drives a large cement mixer truck. He accidently passes an inspection station while on his way to a job site, and is pulled over. However, he had no previous convictions for driving violations in California. He should not be charged under VC 42002.1.
Penalties for a VC 42002.1 Conviction
Failure to stop and submit to an inspection can be treated as an infraction or a misdemeanor. This charge may also vary in severity based upon how many prior VC 42002.1 convictions a driver has on their record. Let’s go over the different penalties below:
First-Time Conviction (Infraction)
A first-time conviction that is treated as an infraction can lead to fines of up to $50. Generally, infraction charges will not result in any jail time.
First-Time Conviction (Misdemeanor)
Commercial drivers charged with a VC 42002.1 misdemeanor can end up spending up to five days in jail. They may also be fined up to $50.
Additional convictions for failure to stop and submit to an inspection will be treated as misdemeanors in the state of California. A second conviction can lead to:
- Fines of up to $100 and
- Jail time of up to 10 days.
All additional convictions within one year of the original conviction can be punished with:
- Fines of up to $500 and
- Jail time of up to six months.
Legal Defenses for Failure to Stop and Submit to an Inspection
You have legal options if you are accused of violating VC 42002.1 in the state of California. A criminal defense lawyer in Los Angeles can help you build a strong defense for these charges, starting right now. Your lawyer can assess all aspects of your case to help you. Based on your situation, your lawyer could argue that:
You Were Not Previously Convicted on Relevant Charges
You should only be convicted under VC 42002.1 if you were previously convicted for a VC 2800, 2801, or 2803 violation. If you do not have these convictions on your criminal record, you could be able to avoid a conviction for failure to stop and submit to inspection.
You Are Not a Commercial Driver
Only commercial drivers are subject to penalties under VC 42002.1. Non-commercial drivers are not legally required to stop at checkpoints for assessment purposes in the state of California. Therefore, they cannot be prosecuted under VC 42002.1.
You Could Not Stop at the Inspection Point
Sometimes, commercial drivers want to stop at inspection points, but are prevented due to events outside of their control. If you were experiencing an emergency situation at the time when you were supposed to stop your vehicle, you could be able to beat a VC 28002.1 charge.
Speak with a Lawyer About VC 42002.1 Charges in California
You need to move quickly to get professional help if you are accused of violating California Vehicle Code Section 42002.1: Failure to Stop and Submit to Inspection. The Simmrin Law Group is here to help you right now. You can easily contact our criminal defense lawyers in Los Angeles by calling (310) 997-4688 or completing our online contact form.
Let us begin working aggressively on your defense today. Find out more about how we can help by contacting us to get a FREE initial case evaluation.