Failure to Stop and Submit to an Inspection and Comply with CHP Rules

What is the definition of failing to stop and submit to an inspection under VC 42002.1?

It is unlawful to refuse to comply with a lawful order, signal, or direction of a peace officer, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.

What is meant by a failure to comply with a lawful order, signal or direction under VC 42002.1(a)?

It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer. A driver of a commercial vehicle must have a prior conviction of California Vehicle Code 2800 (a) for the driver to be charged with California Vehicle Code 42002.1(a).

What qualifies as a peace office under California Vehicle Code 42002.1(a)?

A peace officer is sheriff, municipal public safety agency, any police officer, or any one employed to officiate police duties, any marshal, inspector, investigator is a peace officer.

What if the peace officer is not in uniform does VC 42002.1(a) apply?

No, the Statute does not apply if the peace office is not in uniform. Having a badge is not sufficient because it signifies that the officer is not working in an official capacity.

Under California Vehicle Code 42002.1 the driver must be stopped by a peace officer in uniform in the officer’s official duties.

What is considered a commercial vehicle under VC 42002.1?

A commercial vehicle is a vehicle required to be registered under the California Vehicle Code to be used for commercial uses for a profit.

Penalties – VC 42002.1 

What are the penalties involved in a violation of Vehicle Code 42002.1?

All convictions under California Vehicle Code 42002.1 are considered chargeable as infractions or misdemeanors and denoted as Wobblettes. As an infraction it is a ticket offense, and as a citation it is not a part of your criminal record in The State of California. Charges under California Vehicle Code 42002.1 are considered Wobblettes.

1. As a misdemeanor offense the first conviction is 5 days in jail with a fine up to $50 dollars.
2. As a misdemeanor offense the second conviction is 10 days in jail with a fine up to $100 dollars.
3. As a misdemeanor offense the subsequent conviction after the second conviction is an additional 10 days in jail with fines up to $100 dollars.

Defending – VC 42002.1 

What are some of the defenses against a violation of California Vehicle Code Section 42002.1?

1. No prior conviction of California Vehicle Code 2800(a).
2. English is not my official language and I did not understand the peace officer’s requests to me.
3. I am not a commercial driver.
4. My vehicle is not a Commercial Vehicle.
5. The peace officer was not in uniform at the time of the arrest.

What are some examples of a violation of California Vehicle Code Section 42002.1?

1. A truck driver hauling granite has a hole in his truck and is spewing granite all over the road and ran a red light. After running the red light, the driver did not see a CHP Patrol Officer’s request to pull over because of the dust particles in the air caused by the granules. The truck driver did the same thing last month but was given a warning so that he could repair his truck. He failed to repair the truck and was pulled over by the same CHP officer.
2. An oil ridge driver, who received a ticket yesterday in his own vehicle for speeding and was arrested for evading an arrest, decides to avoid a weighing station stop because he is late for work. The driver is pulled over by a CHP patrol officer who runs the oil ridge driver’s personal driver’s license on the officer’s database prior to being arrested.
3. A tow truck driver that is towing a commercial truck, has a current charge of failing to pull over for a DUI checkpoint, attempts to drive to a nearby gas station because he has a flat tire. An officer notices the condition of the tire and attempts to pull him over but the tow truck driver ignores the officer to save time and pulls into the gas station. He is arrested.

We’re Here to Help 

If you are charged with failing to comply with a request to stop and inspect under California Vehicle Code 42002.1 contact LAW MART.