Juvenile Petitions for Underage DUI

It is the kern county district attorney who files the petition to declare a child a ward of the court under Welfare & Institutions Code 602 after receiving an affidavit from the probation officer who recommends that criminal proceedings for a DUI should be started. The probation officer will have received an affidavit or report from the person who alleges that the child has committed the DUI or criminal offense. In certain situations, such as the mandatory referral to the district attorney for one of the serious or violent offenses listed in Welf & I C §707(b), the affidavit must be given to the prosecutor within 48 hours from the time it was received. Once a juvenile criminal petition has been filed, the prosecutor may file an affidavit requesting an arrest warrant for the child. The statute of  limitations for the offense alleged is suspended on the filing of the petition for as long as the case is before the juvenile court. Prosecutorial discretion to file charges directly against a minor or juvenile in criminal court under Welf & I C §707(d) as authorized by Proposition 21 is well within the prosecutor’s charging authority.  On receipt of the petition, the clerk of the Kern County Court must set the hearing on the detention calendar.  These proceedings are seperate from any actions initiated by the DMV following a juvenile DUI arrest.

One Response to Juvenile Petitions for Underage DUI

  1. Mehmet says:

    You made some dcenet points there. I looked on the internet for the issue and found most individuals will go along with with your website.

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