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 Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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