Bigger & Harman, APC - February 2023

INTERNATIONAL JUSTICE MISSION

Thanks to your 61 referrals in December, we were able to donate $1,220 to fight human trafficking. To learn more about International Justice Mission, please go to IJM.org. MISSION: To protect the poor from violence by rescuing victims, bringing the criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts. Our long-term vision is to rescue millions, protect half a billion, and make justice for the poor unstoppable.

As you drive down the interstate, you will often see signs warning of an upcoming weigh station. With limited exceptions, if you approach an open weigh station, you must stop at it. But what happens if you fail to stop? Well, if you get pulled over and cited for failing to stop, you may be charged with either a misdemeanor (Vehicle Code 2013) or an infraction (Vehicle Code 21461(a)). WHAT’S THE DIFFERENCE BETWEEN A VC 2813 CHARGE AND A VC 21461(A) CHARGE? The big difference between the two charges is that VC 2813 is a misdemeanor and VC 21461(a) is an infraction. To put it simply, California has three levels of crimes: felonies, misdemeanors, and infractions. The primary difference between the three involve the types of sentences that can be imposed. For our purposes, a person can be sentenced to jail for a misdemeanor (although we’ve never seen a judge impose a jail sentence for a violation of VC 2813), while they can only be fined for an infraction. WHAT ABOUT DMV POINTS? While VC 2813 is categorically a more serious violation (misdemeanor), no DMV negligent operator points are assessed to your record for a VC 2813 violation. However, 1.5 points are assessed for a violation of VC 21461(a)! So, depending on your situation, an officer may be doing you a favor by citing your for a misdemeanor rather than an infraction. It’s strange, but true! HOW DO YOU KNOW WHAT’S BEST FOR YOU? If you received a traffic citation because you failed to stop at a weigh station, please call your friends at Bigger & Harman. We will be happy to look at your case and see if we can get your citation dismissed or lowered to a less severe violation. DON’T PASS A WEIGH STATION! What Happens if You Fail to Stop?

“And we know that for those who love God all things work together for good, for those who are called according to His purpose.”

PHILIPPIANS 4:13

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