Shelly BMW Settles Smog Certificate Suit

A BMW dealership has agreed to pay $30,000 to settle a lawsuit filed by the district attorney’s office accusing it of selling cars with false smog certificates.

The suit filed last week by the consumer protection division of the district attorney’s office accused Shelly BMW of selling as many as 40 used cars with false smog certificates in 1993.

Under the terms of the settlement, the dealership admits no wrongdoing but agrees to pay $30,000 in fines to the district attorney’s office and the Department of Motor Vehicles. If the dealership is found guilty of such charges in the future, it must pay an additional $6,000 fine for each violation. The standard fine is up to $2,500, Deputy Dist. Atty. Michelle M. Lyman said.

The district attorney’s office had alleged that a used car sales manager at the dealership failed to have the cars smog tested and then submitted false certificates.

Shelly BMW contracted with a local gas station for smog tests. Lyman said the district attorney’s office came upon possible problems at Shelly while investigating the gas station for smog certificate fraud.

A gas station employee was sentenced to 180 days in county jail and three years’ probation, Lyman said.