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Home > Automotive Repair Defense > Smog Check License Defense

California Smog Check License Defense

California drivers are required to take their vehicles to licensed smog stations to ensure that their emissions are within the standards set by California laws and regulations.  Auto mechanic shops licensed by the State of California are trusted to perform these smog checks to keep California’s air clean and breathable.  These auto repair shops can run into trouble if they are accused of failing to comply with the applicable laws and regulations concerning smog evaluations and reporting.  Officials from California’s Bureau of Auto Repair (BAR) are known to conduct undercover sting operations, sending cars to licensed smog check stations in order to ensure that they are following the law.  Official complaints from BAR personnel about your smog check or other automotive repair practices can threaten your BAR license.

If your smog check license is threatened after a complaint by a customer or BAR official, it is important that you secure the help of a dedicated smog check license defense attorney to protect your business.  Reach out to Rounds & Sutter if you are concerned about any challenges to your smog check license, and let us help you protect your livelihood and ensure the future of your enterprise.

Grounds for revocation of a smog check license

California values its clean air, and officials take smog checks extremely seriously.  The state may send undercover agents with planted vehicles to test your smog check practices or to undergo surveillance of your operation.  Smog stations can get in trouble for a variety of alleged activities.  Your smog check license may be in danger if you are accused of activities such as:

  • Clean piping, where the mechanic inserts an exhaust probe into the vehicle that is not the vehicle actually being certified;
  • Using uncertified exhaust probes on a vehicle;
  • Faking a smog check certificate in any way;
  • Failing to comply with proper smog check emissions test methods and standards;
  • Permitting an unqualified technician to perform smog tests and repairs;
  • Altering the results of a test to make it look like a failed vehicle passed;
  • Clean plugging, where the mechanic uses an OBD II plug from the test analyzer to plug into a vehicle that is not the vehicle being certified;
  • Failing to catch faulty, missing, or inappropriately altered smog equipment in a vehicle when running the test, especially if the vehicle is an “undercover” car brought in by BAR to test the licensee.

If a smog check station receives three citations for illegal activities such as those described above, its smog check license is subject to revocation.  If you have received any such citations, it is vital that you seek the help of a knowledgeable smog check license defense lawyer to protect your license from being taken away.

How can a smog check license defense attorney help?

A smog check license defense lawyer can help a mechanic or other smog station who is in danger of having a complaint filed against them.  When you are accused of wrongdoing, you have rights.  If you are under review by BAR for suspicion of cheating the smog check system or otherwise undertaking any illegal activity relating to your smog check practices, a smog check license defense attorney may be able to save your license.  Many cases can be settled by a stipulation or agreement with the Attorney General acting on behalf of BAR before litigation and in a way that preserves your license and your livelihood.

The licensing requirements and review process following a citation or complaint can be nuanced and complicated, and you should dedicate your time and energy to operating your business, not to learning a complex area of law.  Let experienced legal professionals defend you in court and protect your operation on the legal side of things while you focus on keeping your business efficient and profitable.

Call Rounds & Sutter for Help Defending Your Smog Check License in Ventura and Southern California

For efficient, zealous, and dedicated help with your California BAR hearing, smog check license or other BAR license issues, reach out to the Ventura smog check license defense lawyers Rounds & Sutter at 805-650-7100.