No, you don,t have to pay their bs . A friend racked up 11.000 in fines and kept appealing then at last court cut his license in half and offered one half to a very lovely bar rep and the other half to the chief kangaroo and told them to cram it.
The fines were for cost of "investigation" even though they were u/ c setups. And the clean piper down the street well he makes 11 grand in one month in clean piping but Bar would rather look the other way.
My advice to you is NOT to loose your cool when you attend your citation
conference. I've been through a citation conference myself.
LISTEN to what they have to say, OK
It is a formal meeting, not a "head bashing" by the Bar.
DO NOT surrender your license to them!!
DO NOT give-up that easy!!
Take the punishment, fines and citation training class and get on with life.
Let me know if you want more advice from someone who's been through it.
why don't you play it by ear. Show up see what they got to say and their evidence, you mentioned you worked at a shady shop, what if they looked over you shoulder and got your code and smogged when you were not there, it happens. Unless you know your guilty for sure then no contest. keep us posted Thanx
If you win your case in the appeal, the ALJ can do a couple of things, dismiss your fine and dont have to take classes, reduce your fine, and if your bold make Bar pay for your lost wages and profits from not doing any business.
If you lose your case, you pay your fine and pay for the classes but, I have also heard Bar could increase the fine, in addition to paying the Bars court costs and legal fees.
Its very high stakes. I am only using the appeal to delay the abatement order so I don't lose wages for a whole month and finish my classes before the 30 days are up that way I can submit a letter of withdraw and submit my fines and classes I have taken so there is no interruption of business.
Now, I cant contest a missing Cat, its missing, unless I can prove this vehicle comes equipped without one. That is the reason behind filing the petition for discovery. I want to know if they have pictures of the Emission Control Label. I dont recall if this vehicle had one. I think it did because I remember reading the timing specs and procedures. If it has Cat labeled on the sticker, fine I plead no contest but, if its not labeled Bar will be surgically removing that $280 application guide and may pursue a civil lawsuit to recover wages lost and cost for the classes I had to take.
EXACTLY WTF I think about it, I have been to two.
All they are doing is fishing for information. They can't
change the status of your citation for the good. But they
can submit more evidence to make things worse.
DON"T give them a fucking bit of information. They cannot
and will not help you. They act like there shit don't stink
and that you are a criminal on the level of a pedophile.
Before you go in there you have to have it set in your mind
to say nothing you don't have to and remember that this is
just a money making scam the state has concocted.
Another shop owner/smog tech, I know, appealed a citation and DID NOT WIN.
The BAR has got everything "signed, sealed and delivered" when it comes
down to an undercover vehicle. Do not attempt to appeal any citation!!
It's not worth the time and effort!!
I spent 20-years in the US Air Force, 1973 to 1993.
I know active duty members who refused a LESSER punishment of an Article 15
and asked for a Court Martial instead. They lost A LOT MORE at the Court Martial, then they
would have had they accepted the Article 15.
Food For Thought
Unless I find a job at a station that's NOT STAR where I can get into the repair side of things.. I'll keep it.. But I really have no intention of holding onto this.. It's been just one big headache.. Besides you guys.. THe writing is on the wall.. With the coming changes to the program.. SMogs are going to be $10 or less.. I don't see this "ponsie scheme" lasting too much longer.. This country can't afford to keep fighting more wars to for Oil . . .Everything is going electric. . Writing is on the wall folks..
You can alway go into the Diagnosis and Repair side of Smog Checks. You make more money doing that any way if you work for a good shop. You dont have to be in the analyzer just licensed to do smog repair.
Turns out.. I got hit with a 2007 jeep Cherokee.. They rigged it an unmarked performance module.. And I missed it.. I was not "fined" anything.. I have the option to take this BS course and keep my license.. But I still can't work test only for a year.. Or stretch it out and appeal. .
But if it was unmarked. Its not like a header or cai. I could see if it said bullydog or some other manufacture name on it. But an unmarked piece of plastic? I would not consider that a typical type UC car that BAR would use. They are supposed to use obvious type modifications like missing pcv, air, ect. In this case I would consult a lawyer.