Juveniles and Minors

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  1. Introduction
  2. “Vehicle” and “Motor Vehicle”
  3. “Drive”
  4. “Drugs”
  5. “Legal Limit”
  6. Open Container
  7. Driving Under the Influence (DUI)
  8. Driving Under the Influence Per Se (“DUI Per Se”)
  9. Driving While Ability Impaired (DWAI)
  10. Second and Subsequent Offenses
  11. Underage Drinking and Driving (“UDD” or “Baby DUI”)
  12. Strict Liability
  13. Juveniles and Minors
  14. Evidence of Impairment
  15. Standardized Field Sobriety Tests (SFSTs)
  16. Drug Recognition Experts (DREs)
  17. Expressed Consent
  18. Breath Tests
  19. Blood Tests
  20. Prima Facie Case Requirement
  21. Preparing for Trial
  22. Voir Dire
  23. Expert Testimony
  24. Proving Chain of Custody
  25. Double-Refusals

The intersection of juvenile delinquency and impaired driving offenses is commonly misunderstood.

Juvenile Delinquency

Juvenile delinquency is triggered by a juvenile committing an act that, if committed after the age of 18, would constitute a crime. Juvenile delinquents are, therefore, not criminals. They are, essentially, would-be criminals. Delinquency is the state’s answer to how to treat youth who commit criminal acts but who are still developing, learning, and often overcoming adverse childhood experiences. That is why juvenile delinquency focuses less on punishment and more on rehabilitating and serving youth. Once someone turns 18 and legally becomes an adult, criminal acts become real crimes, and young people must face more significant consequences for their actions.

Juveniles Aged 16-18

Non-felony Title 42 offenses (traffic and misdemeanor DUI offenses), however, do not fall into this typical framework for juveniles aged 16 and older. Title 42 offenses relate exclusively to driving, and juveniles 16 years of age and older are legally permitted to drive if properly licensed—just like adults. Because they are able to drive legally just like adults, a juvenile aged 16 and older who drives under the influence therefore commits the crime of DUI just like an adult.

For this reason, juveniles aged 16 and up can be prosecuted in both county court and juvenile delinquency for non-felony Title 42 offenses:

The fact that a juvenile has been prosecuted or convicted in the county court for a non-felony violation pursuant to title 42 is not a bar to a subsequent or parallel proceeding pursuant to this title 19 for delinquent acts arising out of the same criminal episode; nor are proceedings pursuant to this title 19 a bar to a subsequent or parallel prosecution in the county court for a nonfelony violation pursuant to title 42 for the same delinquent acts arising from the same criminal episode.

§ 19-2.5-103(3).

This includes impaired driving offenses under 42-4-1301, although once a juvenile court accepts jurisdiction over an impaired driving case, any parallel County Court case terminates:

Notwithstanding any other provision of this section to the contrary, the juvenile court and the county court have concurrent jurisdiction over a juvenile who is under eighteen years of age and who is charged with a violation of section . . . 42-4-1301; except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction terminates.

§ 19-2.5-103(5).

Juveniles Under 16

Even juveniles under the age of 16 can prosecuted in county court for Title 42 offenses. The juvenile court, may, however, transfer the case to juvenile court:

Notwithstanding any other provision of this section to the contrary, the juvenile court may exercise jurisdiction over a juvenile who is under sixteen years of age and who has violated a traffic law or ordinance if the juvenile’s case is transferred to the juvenile court from the county court. Such a transfer is subject to approval by the juvenile court.

§ 19-2.5-103(4).

This “transfer” from County Court to Juvenile Delinquency is not the same as transfer to adult district court.

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