Bureau of Automotive Repair Attorney and Lawyer

There has been an extensive amount of discussion regarding a Smog Citation and your Gold Shield Certificate.

The question is:

Do you fight the citation?

Yes. Absolutelty. An unqualified yes. There is no way on earth you should EVER fail to fight your smog citation. It could be the difference between keeping your Gold Shield and having it revoked.

We’ve seen a huge uptick in undercover runs being sent to Gold Shield Stations, especially with the new announcement of BAR 2012. We’ve even seen as many as 2-3 undercover runs to the same facility – even after the facility has successfully found the induced defect.

In short, Gold Shield Stations are being targeted.

Best we can tell, there is a top down policy to revoke as many Gold Shields as possible in an attempt to make the administration of the new 2012 policy seamless, without a proprietary interest such as a Gold Shield certificate to compete with.

You see, because the Gold Shield entitles the facilities to certain benefits provided by the state, such as the Consumer Assistance Program (CAP) it’s considered a property right, requiring due process of law. This means the Bureau has to hold a hearing in regards to the Gold Shield Certificate.

What the Bureau does is pretty ingenious.

Here’s how it works:

A Gold Shield gets a citation.

There’s an office conference.

The local field reps show video/pictures/eis reports telling you that you have no chance to win the citation appeal, just pay your fine, take your class, that’s it.

You ask about your Gold Shield. The Bureau reps say that is not at issue at this time – “Sacramento deals with the Gold Shield.”

So you pay the fine. You take the class. You don’t think anything of it.

30 days later after your time for appeal lapses, you get a letter from Sacramento – your Gold Shield Certificate is revoked. You can no longer appeal the citation that is the basis for the revocation of Gold Shield.

Those sneaky sons of bitches knew damn well you’re Gold Shield is at stake – but they of course fail to tell you otherwise.

In legal parlance, you’re screwed. The very reason for revoking your Gold Shield is not at issue – you’ve failed to appeal the citation – being issued a citation is grounds for revoking your Gold Shield Station Certificate. You’re only remedy is to appeal to the Bureau – the same Bureau who has already made the decision to revoke your Gold Shield Certificate.

Think about it.

Always fight your citations when it comes to Gold Shield.