In re S.J.
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In October 2018, S.J. (born September 2001) consumed alcohol and drove. He veered off the road and hit a parked car and a fence. Responding officers observed signs of intoxication. A breath test showed S.J.’s blood-alcohol level was 0.12%. A petition under Welfare and Institutions Code 602(a) alleged: misdemeanor driving under the influence; misdemeanor driving while having a blood-alcohol level of 0.08% or more; and misdemeanor driving without a license. In February 2019, the juvenile court found S.J. not suitable for informal supervision, commenting “a standard term in adult-land for a DUI is search and seizure for alcohol. … it’s particularly important when we have a minor . . . whose … mother has allowed ... the minor to consume alcohol. … I just don’t see how, in a DUI with a .12 and a minor who also smokes marijuana, we can effectively supervise and ensure rehabilitation without a search and seizure clause, which is foreclosed in an informal probation setting.”
The court sustained two allegations, dismissing the driving without a license allegation, declared S.J. a ward of the court, and directed the Probation Department to supervise him at home. The court imposed a $75 restitution fine, a $390 fine for violation of Vehicle Code section 23152, and $1,355 in penalties. The court of appeal affirmed the denial of informal supervision but remanded for recalculation of the penalties, most of which were inapplicable in this noncriminal proceeding.
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