SMOG Check License Defense Attorney
SMOG Check Defense Attorney
Many SMOG check stations and technicians make minor errors during a BAR undercover vehicle sting. Unfortunately, several minor violations can result in citations and service of an Accusation seeking revocation of the SMOG check license. When this occurs a SMOG check attorney can help the station or technician protect their license.
Attorney Michael Benavides represents SMOG check stations and SMOG check technicians in license revocation proceedings initiated by the Bureau of Automotive Repair. He regularly represents clients after service of an Accusation, during settlement negotiations and in formal administrative hearings. If you have been served with an Accusation seeking revocation of your SMOG check license call Michael Benavides at (916) 596-1018 for a free phone consultation.
Serving All of California
Michael Benavides represents clients across California. He has represented clients in remote Northern California and as far south as San Diego.
Michael Benavides charges flat fees payable by credit card. Unlike attorneys who charge by the hour, Michael prefers flat fees so clients can be certain of the total cost of legal representation.
Michael’s flat fee is usually paid in two parts: one payment to begin representation and the second payment due shortly before hearing. By dividing the fee into two installments clients can save thousands of dollars if a settlement agreement can be obtained before the administrative hearing.
If you have been served with an Accusation seeking revocation of your SMOG check license call Michael Benavides at (916) 596-1018 for a free phone consultation. During the consultation Michael will review the Accusation, counsel you on the next steps to defend your license, and quote a flat fee for representation that can begin right away. Once retained Michael will file a Notice of Defense to preserve your right to an administrative hearing, notify opposing counsel that you’re being represented, and secure discovery so you can review the evidence obtained by the Bureau of Automotive Repair.
Common SMOG check violations found in BAR Accusations include:
- Failure to comply with test equipment, electronic transmission, maintenance and calibration requirements. (California Code of Regulations § 3340.17)
- Failure to comply with Smog Check test-and-repair station requirements (California Code of Regulations § 3341.16.5)
- Failure to comply with procedures for required testing at Smog Check station (Health and Safety Code § 44012)
- Performance of test and repair by unqualified technician (Health and Safety Code § 44032)
- Failure of Smog Check technician to comply with inspection, testing, and repair requirements (California Code of Regulations § 3340.30(a))
- Entering information into the emissions inspection system for a vehicle other than the one being tested (California Code of Regulations § 3340.41(c))
- Failure to comply with Smog Check emissions test methods and standards (California Code of Regulations § 3340.42)
- Failure to remove or cover official Smog Check station sign when services of a licensed technician are no longer available (California Code of Regulations § 3340.23(a)), the station is no longer authorized to perform functions of a station (§ 3340.23(b)), or the station license has expired or has been surrendered, suspended, or revoked (§ 3340.23(c))