California Vehicle Code Section 42002.1 VC: Failure To Stop And Submit To Inspection

1. Definition and Elements of the Crimetruck inspection sign

For drivers of commercial vehicles, the duty to stop and submit to inspection of their equipment and vehicles is required under the law. If the driver has a prior criminal conviction under California Vehicle Code Section 2800 VC (disobeying a peace officer), California Vehicle Code Section 2801 VC (disobeying a fire department official) or California Vehicle Code Section 2803 VC (failure to comply with height, weight, length or width requirements), failure to stop and submit to an inspection is itself a criminal offense that can result in a misdemeanor conviction.

In order to prove that a defendant is guilty under California Vehicle Code Section 42002.1 VC, a prosecutor would have to prove the following elements beyond a reasonable doubt:

  1. The defendant was convicted of a misdemeanor violation of California Vehicle Code Section 2800 VC, California Vehicle Code Section 2801 VC or California Vehicle Code Section 2803 VC.

  2. AND the defendant failed to stop and submit to inspection of equipment or for an unsafe condition endangering a person.
2. Related Offenses

Other similar or related offenses include:

  1. Disobeying a Police Officer – California Vehicle Code Section 2800 VC

  2. Reckless Evading of a Peace Officer – California Vehicle Code Section 2800.2 VC

  3. Evading a Peace Officer and Causing Death or Serious Bodily Injury – California Vehicle Code Section 2800.3 VC

  4. Evading a Peace Officer by Driving in the Opposite Direction of Traffic – California Vehicle Code Section 2800.4 VC
3. Examples

A man has a prior misdemeanor conviction for disobeying a peace officer under California Vehicle Code Section 2800 VC. He is driving a commercial vehicle when he sees an inspection checkpoint. The man does not stop at the checkpoint because he is running late and instead drives through the checkpoint. This man could be charged with failure to stop and submit to inspection in violation of California Vehicle Code Section 42002.1 VC.

In another example, a man has an old prior conviction for disobeying a uniformed fire department official under California Vehicle Code Section 2801 VC. One day he ignores an inspection point in his commercial vehicle and is pulled over by a CHP officer. This man could also be charged criminally under California Vehicle Code Section 42002.1 VC.

4. Defenses to Failure to Stop and Submit to Inspection

As describe above, criminal penalties under this statute only apply to those who have a prior conviction under California Vehicle Code Section 2800 VC, California Vehicle Code Section 2801 VC or California Vehicle Code Section 2803 VC. If the defendant has no prior convictions under these sections, he or she would not be criminally liable of this offense.

5. Penalties

For a defendant’s first violation under California Vehicle Code Section 42002.1 VC, he or she can be charged with either an infraction or a misdemeanor. If charged with an infraction, the maximum fine is $50. If charged with a misdemeanor, the defendant can be sentenced to serve up to five days in county jail.

If the defendant has a prior conviction under California Vehicle Code Section 42002.1 VC within the previous year, he or she can be fined $100 or be sentenced to serve up to ten days in jail.

For a third or subsequent conviction within a one year period, the defendant can be fined $500 or be sentenced to serve up to six months in jail, or can be sentenced to both the fine and the jail sentence.

6. Criminal Defense for Failure to Stop and Submit to Inspection Cases

If you or a loved one have been charged with failing to stop and submit to inspection of a commercial vehicle under California Vehicle Code Section 42002.1 VC, it is very important that you discuss your case with a Los Angeles Criminal Defense Attorney as soon as possible. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who knows how to effectively defend commercial drivers charged with offenses like this. Mr. Kraut has significant experience in defending commercial drivers and works hard to ensure his clients receive the absolute best representation possible.

For more information about failure to stop and submit to inspection cases, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
Today
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.