Visiting from Out of State - My Son Got Curfew Ticket

[gratefulsinglemama]

My question involves a traffic curfew ticket from the state of: CA
we were in CALIF for a month and my son walked down the street to get a sandwich just past 10pm and instead got handcuffed and interrogated in the police car(with some very demeaning questions to my home-schooled son) an hour while I was driving around frantically looking for him. The police brought him back - an hour later at 11:30pm !!still handcuffed!! and gave me a ticket misdemeanor traffic ticket 45.03(Q)LAMC-OBS'D minor in public after 22:00 hours without adult supervision. I was tired and he was hungry and broke my rule to not let him go out at night alone. Turned out to be an expensive sandwich!
We had just arrived after living and working 6 months in the Caribbean. I am a legal resident of Fla and have to leave Calif before court date and have called all the ph # I could find- get only machines and recorded message. The official website http://lasuperiorcourt.org/feesnet/ui/popup.aspx?ct=JU shows me nothing. no fees - no way of paying by mail etc.
WE'RE LEAVING Ca. IN A WEEK before court date- WHEN I ASKED HIM, THE POLICEMAN SAID HE DIDN'T KNOW WHAT THE FEE WOULD BE. HELP! I NEED TO KNOW WHAT WE OWE - IF ANYTHING - AND HOW TO PAY IT THIS WEEK, SO WE CAN GO HOME WITH THIS SETTLED AND BEHIND US. Driving around looking for my son for an hour and then finding out he was handcuffed in a police car for an hour was one of the most stressful moments in my life as a single mom. THANK YOU ahead of time for any and all wisdom.

[That Guy]

I don't know what the "(Q)" stands for in the "45.03(Q)LAMC" that you posted, but here is what I found:

SEC. 45.03. NIGHTTIME CURFEW RESTRICTIONS FOR MINORS.

(a) Curfew. It is unlawful for any minor under the age of eighteen years to be present in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot, or unsupervised place between the hours of 10:00 p.m. on any day and sunrise of the immediately following day.
(b) Exceptions. The provisions of this section shall not apply when:

(1) The minor is accompanied by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor, or by his or her spouse eighteen years of age or older; or
(2) The minor is on an errand directed by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor, or by his or her spouse eighteen years of age or older without any detour or stop; or
(3) The minor is attending or going directly to or returning directly home from a public meeting or a place of public entertainment such as a movie, play, sporting event, dance or school activity; or
(4) The presence of a minor in one or more of the places identified in Subsection (a) is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged; or
(5) The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or
(6) The minor is exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution; or
(7) The minor is in a motor vehicle involved in interstate travel; or
(8) The minor is emancipated in accordance with the California Family Code or other applicable state law.

(c) Enforcement. Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for being in the public place during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no exceptions to this section apply.

I did underline subsection (b)(2) that I think might be pertinent based on what you posted.

You should also pay special attention to subsection (c). I am not preview to the answers he gave to the officer(s) or why they got the impression that he was out for reasons other than to get a sandwich... Thereby justifying the issuance of the citation.

This might give you an idea about the fine: City of Los Angeles Curfew Information - Ordinance + Fine Information

What is the appearance date as shown on the citation? Reason I ask is, and with this probably requiring an appearance (by you both) in Juvenile court, I'm not so sure whether you can simply pay it and have it go away.

I would go to the court location listed on the citation, talk to the court clerk and see what he/she says.

With all that being said, i would also suggest that you may want to consult with an attorney.

Good luck...

[CourtClerk]

Informal Juvenile court will take you on a walk in basis in CA, IF you have proof that you are leaving and going back to FL. Simply walk in, take your child's ticket and proof that you are going back home and talk to the clerk. Provided they can find the ticket (and most times they can), they will be more than happy to see you that day (with some wait).

Yes, a parent will need to go with him.

[gratefulsinglemama]

thank you very much wow- fines are 250-670. that's an expensive subway sandwich! I broke my night time rule (i'm over protective homeschooling mom) one time and now I have anguished over the tired mistake I made. the 2 police interrogated him in the car extensively and kept him handcuffed for any hour. he's blond blue eyed and they kept saying he looked like the girl on "24" (we've never seen the show) fortunately my son has a good sense of humor and said "well we don't watch tv - only pg 13 dvds and don't you think comparing me to a girl is a little emasculating?" It went on like that for an hour... them accusing him of being on drugs...being patted down etc etc..now that I know how dangerous the streets really are, I will never let him alone at night til he's 18 ( or married ) I really appreciate your kind response. I feel like I need professional therapy - or prayer- after the experience. This too shall pass. Thank you again.

[That Guy]

I can understand how how might have felt like he was mistreated by the officers, however, and judging by the way some kids act these days, I honestly don't think I can blame them.

Also, one could only assume that judges are reasonable enough to understand the circumstances here. You do sound like you've done a great job raising him and it doesn't sound like he's a bad kid. Plead your case/tell the same story that you did here and you might be pleasantly surprized.

You do have reasonable grounds to request that the case be dismissed:

• Cite the subsection of the code that I underlined above {45.03(b)(2)} (Print out 3 copies of the entire code section and underline subsection (b)(2)).
• Explain that you sent him out on an errand -that he was out with your full knowlege and acceptance and,
• Request that the case be dismissed...

Please keep us posted on how it turns out. Good luck!

[gratefulsinglemama]

Thank you -

I will keep you posted. I have observed that since Rowe vs. Wade and prayer taken out of public schools ('63) not to mention tv/video etc, the moral fiber of our youth has deteriorated and drug use, abortion, crime etc has sky-rocketed. It breaks my heart and I do what I can for other youth in little ways. But I've taught my son to respect authority: and he does. I regularly receive compliments on the wit, i.q. and respect my 16 yr. old shows adults. What happened to the policeman of my generation that gave warnings? What happened to the officer of the peace that saw the person as innocent until proven guilty? These policemen said things to my son (several x) such as "is that marijuana I smell on you ...or me?" and many other leading questions of provocation over the hour that left us both traumatized. He's been asking me questions about marijuana ever since. I could cite many examples of how the handcuffs and leading questions created trauma for both of us we're still dealing with...
not to mention I'd have to borrow money for fines of 250-670. May the God bless America with renewed wisdom in its leaders and all in authority and the Golden Rule in the hearts of it's people.
We're driving to the courthouse in a few minutes armed w. printed copies of the wisdom of these posts and the determination of a small but fierce single mom
thank you!