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  1. #1
    Join Date
    Oct 2018
    Posts
    1

    Exclamation Defending Against a Violation of Curfew Charge

    My question involves juvenile law in the State of: Ohio

    Here we have, K.A, 17yr old student at MCCC. He currently lives with his sister, S.A and has been since she obtained guardianship of him when he was 8yrs old.He's currently a senior and is a merit roll student earning his diploma and certifications in Public Safety. This is his 2nd yr. He currently works full time at Taco Bell while attending school full time. He participates in extracurricular such as track through his school and our county Sheriff Explorers program. He has no criminal priors.

    On the night in question, K.A was given permission by me, his guardian, to go to the laundry mat which is approx .9 miles from our home and approx 12:30am. Most days, K.A attends school then works until various hours ranging from 8pm-11pm. The night in question K.A attended school then worked until approx 10pm, napped until approx 12 and asked to stop at the corner gas station to get a drink and then to do laundry (our washer is broken so he washes at the laundormat and dries at home so he would have been gone approx 30 minutes) and was given permission by me. K.A was pulled over after leaving the gas without his headlights on. K.A has a minor speech impairment which causes him to mumble his words which made the officer suspicious that K.A. was under the influence of something. K.A was given a field sobriety test for approx 45 minutes which he passed and I was then contacted by the dispatch that K.A was currently pulled over and could go home if I followed him because he was in violation of curfew. From my understanding, curfew for teenagers 17yrs or older in Ohio is 1am-5am but apparently our city has their own ordinance and curfew starts at 11pm. I explained this to the officer that I had given him permission because I was not aware that our city has its own law. A ticket was issued anyhow.

    Upon doing some researching, I found the following:

    AN ORDINANCE AMENDING SECTION 509.08 (B) OF THE
    CODIFIED ORDINANCES OF THE CITY OF MEDINA, OHIO
    RELATIVE TO CURFEW.
    WHEREAS: That Section 509.08(b) of the codified ordinances of the City of Media, Ohio
    presently reads as follows:
    (b) Curfew Hours.
    (1) No minor shall be in or upon any public place Sunday through Thursday during the
    following times of night:
    A. Between 10:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.
    B. Between 11:00 p.m. and 6:00 a.m. for minors sixteen or more years of age.
    (2) No minor shall be in or upon any public place on Friday or Saturday during the
    following times of night:
    A. Between 11:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.
    B. Between 12:00 a.m. and 6:00 a.m. for minors sixteen or more years of age
    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
    OF MEDINA, OHIO:
    SEC. 1: That Section 509.08(b) of the codified ordinances of the City of Medina, Ohio shall
    be amended to read as follows:
    (b) Curfew Hours.
    (1) No minor shall be in or upon any public place Sunday through Thursday during the
    following times of night:
    A. Between 10:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.
    B. Between 11:00 p.m. and 6:00 a.m. for minors sixteen or more years of age.
    (2) No minor shall be in or upon any public place on Friday or Saturday during the
    following times of night:
    A. Between 11:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.
    B. Between 12:00 a.m. and 6:00 a.m. for minors sixteen or more years of age
    (3) A minor shall not be in violation of this ordinance if:
    A. He is accompanied by his parent, guardian, or an adult person having the legal
    care, custody, and control of his person.
    B. He is accompanied by an adult person having the permission of one of the persons
    mentioned in subsection (A) of this section; or
    C. He is going directly to or from any lawful activity, entertainment, or employment
    with knowledge and consent of the parent, guardian, or adult person having the legal care,
    custody and control of his person. All minors attending functions outlined herein shall be
    required to be within the confines of their respective home sites one-half hour after such
    function is ended.

    SEC. 2: That it is found and determined that all formal actions of this Council concerning and
    relating to the passage of this Ordinance were adopted in an open meeting of this
    Council, and that all deliberations of this Council and any of its committees that
    resulted in such formal action, were in meetings open to the public, in compliance
    with the law.
    SEC. 3: That this Ordinance shall be in full force and effect at the earliest period allowed by
    law.
    PASSED: _ _January 9, 2017__ SIGNED: _John M. Coyne, III___
    President of Council
    ATTEST: ___Kathy Patton_____ APPROVED: January 10, 2017__
    Clerk of Council
    SIGNED: __Dennis Hanwell______
    Mayor
    Effective date: February 9, 2017


    If I understand this amendment correctly, K.A was NOT in violation of curfew considering that he was "going directly to or from any lawful activity, entertainment, or employment with knowledge and consent of the parent, guardian, or adult person having the legal care, custody and control of his person."

    Is this grounds for dismissal?



    Sidenote: This may be completely irrelevant but K.A told me that the officer was very rude to him during the traffic stop. Accusing him of being under the influence by making statements like "Oh, what's that in your middle console because I know that's not tea." and other accusatory and aggressive remarks like "why are you shaking?" K.A replied "because he was nervous". The officer respond aggressively "Well you must be doing something wrong if you're nervous." I understand that these laws are put in place to protect my child and others but K.A is a great kid, a great student and this just seems to go above and beyond what it was intended for. A 45 minute field sobriety test, aggressive behavior from the officer...seems like a bit much


    THANKS IN ADVANCE!

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Violation of Curfew Ticket. City Law in Question. Wanting to Move for Dismissal

    Quote Quoting MissShawna
    View Post

    Is this grounds for dismissal?
    It is a defense that, if proven to the court, would result in acquittal on the charge.

  3. #3
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Violation of Curfew Ticket. City Law in Question. Wanting to Move for Dismissal

    From my understanding, curfew for teenagers 17yrs or older in Ohio is 1am-5am but apparently our city has their own ordinance and curfew starts at 11pm. I explained this to the officer that I had given him permission because I was not aware that our city has its own law. A ticket was issued anyhow.
    I live in Ohio also, there is no statewide Curfew Statute. The 1-5 time frame you reference pertains to drivers and probationary driver licenses, etc.

    Municipality's can enact their own curfew ordinances pursuant to the Police Power granted by the Ohio Constitution Article 18: Section 3: commonly known as "Home Rule".

    Obviously, the officer did not believe his "lawful activity" defense. It seems he could have waited and contacted you then or later, as it is a Minor Misdemeanor and has 6 months to initiate a prosecution. He of course will need you as a witness to verify he had permission. Once that is established, there should be no reason for the Court to find him guilty.

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