When a trucker flies past the scales at the Truckee weigh station, the CHP will chase them down and bring them back. There is usually (but not always) a reason the trucker didn’t want to stop at the weigh station, like they’re overweight, or the truck has multiple violations. But sometimes the driver just missed the signal to go in.
You Went Past the Scales, Is It a Misdemeanor or Infraction?
It depends on how the CHP officer feels. Frequently, the drivers' attitude and the weigh-in and inspection results can determine whether a driver is charged with a misdemeanor or not. Usually, the CHP will issue a ticket for failure to obey a traffic control device. This violation is an infraction, much the same as a stop sign or red light, which carries a fine of around $238 if convicted, and the DMV will assess 1.5 negligent operator treatment system (NOTS) points.
However, suppose it is obvious the driver purposefully went past the scales. In that case, they could be given a misdemeanor charge in accordance with CVC Section 2813, Lawful Orders and Inspections, which states, “Every driver who fails or refuses to stop and submit the vehicle to an inspection when signs are displayed requiring that stop is guilty of a misdemeanor.”
This misdemeanor typically carries a base fine of $300 to $500, which when you add the ten state and county penalties and assessments could equal five times that, plus potential jail time (most local jurisdictions would not give a trucker jail time under normal circumstances).
The Inspection after You Went Past the Scales
The commercial vehicle inspection specialist (CVIS) will inspect the vehicle. Many truckers that passed the scales or were present when a truck was brought back said the inspectors always find something.
If the truck is not overweight and is safe to drive, the CHP will likely issue a citation for an infraction unless the driver was belligerent or rude. How you respond to the arresting officer will affect the ticket’s severity. You could save yourself much trouble with the right attitude.
Whichever ticket you wind up getting, you should not make a statement to the CHP. Your statement will almost certainly be used in court. If it shows that you were cooperative and did not admit guilt, it could make your attorney’s job a lot easier.
Bigger & Harman, APC: Experienced CA Attorneys Who Resolve Traffic Violations in Truckee Traffic Court
When you get a citation for blowing past the Truckee, CA, scales, call Bigger & Harman, (661) 349-9300.
We practice only traffic law and use a flat fee. Your initial consultation is free, and you will know how much you’ll have to pay us to resolve your ticket.
Se habla Español (661) 349-9755.
The 2019-2021 CA Commercial Driver Handbook.pdfCVC Section 2813, Lawful Orders and Inspections & 38300, Traffic Signs, Signals, and Markings