California Juvenile law – faq

How does the curfew law work and are there any exception to it?

Curfew laws restrict minors in being in public places at certain times. The curfew laws are set by the specific city you are in. There are certain exceptions that allow minors to be out in a public place after curfew has passed. The following are examples of common exceptions:

• Participating in a religious, educational or political activity,
• Running an errand for a parent or guardian,
• Accompanied by a parent, guardian or adult,
• Working or going to or from their place of employment,
• Responding to some type of emergency, OR
• Returning home from a school, cultural or recreational activity.

Can I lose my drivers license for “ditching school?”

Under California Vehicle Code Section 13202.7, minors from the age of 13 to 17 can lose their driving privileges for up to one year if the court determines that the minor is a habitual truant. A “habitual truant” is a student who ditches school three or more times per school year. However, a conference with the student and the students parents or guardian must be held before the student can be considered a “habitual truant.” See California Education Code Section 48262.

If you have already lost your driving privileges because you are considered to be a “habitual truant,” you can lose your drivers license for an additional year for any successive time you are found to be a habitual truant.

If I have speeding tickets and parking tickets on my record, can I seal my record to lower my insurance costs?

Unfortunately, sealing your juvenile record is not available for traffic or parking violations.

Can I be charged with a DUI if I am a minor and my BAC was not 0.08% or higher?

If you are a minor and your BAC is 0.01% or higher, you may be charged with a DUI. The DUI laws are different for anyone under the age of 21.

If you are under 21 years of age and your BAC was 0.05%-0.07% while driving, you can be charged with an underage DUI. See California Vehicle Code Section 23140. If your BAC was 0.01% – 0.04% while driving, a DUI will not be charged but you may still face an immediate license suspension from the DMV. See California Vehicle Code Section 23136. Go to www.wklaw.com and read our DUI – Underage section. You will invaluable information on what is considered an underage DUI.

There are ways to fight this charge, but you will need to speak with an experienced attorney. At Wallin & Klarich, we can help you fight your case. Call us at (888) 749-0034. We will be there when you call.