17-year-old's DUI arrest

I have custody of my 17 year old nephew. He was sitting in his car listening to music (ignition on) and had come from a party where he drank beer. The police stopped at his car (headed to a complaint of noise from the party), and arrested him and charged him with a DUI. We know that he will lose his license for one year and we will need to go to court on the charges. I would appreciate any feedback, suggestions, information from anyone who has gone through this process before with their minor teenager. I just don't know what to expect regarding his possible type(s) of punishment and how we go about getting car insurance again after the year has passed. Any information on what I can expect is greatly appreciated. Thank you. anon

A cop may arrest on the basis of a violation but not on the theory (like he *may* drive) of operation, and it is not the cop who determines whether he is guilty or innocent or whether a violation has truly occurred - it is the province of the Courts. Your nephew deserves proper representation in this matter.

Finally, while you may be annoyed with your nephew now please be aware that this matter will not go away - Court records are public and may impact his ability to make a living many years down the line when he's long past that annoying age. Believe me, it is worthwhile to pay the money and let a well-recommended professional attorney assist you in navigating this problem. And please don't hunt through the phone book and randomly pick out someone because they have a big ad - attorneys are expensive and you can't afford a mistake any more than you'd pick a random guy to redo your home's foundation - do your homework. Good luck Anonymous

Go to court and plead "Not Guilty" and ask for a PD.

Correction to the person who stated "If the car is not running and not moving, you may have a good case for a dispute since a theoretical ability to drive when the car is not in operation is not a basis for an arrest."

This is NOT true in California. A minor with any BA level is guilty (period) there is no defense. By law it's illegal for a teen to have any BA level, doesn't mater if he was in the car or standing in a parking lot or there wasn't a car even close. In CA it's a mandatory license suspension.

The courts and DAs are very, very hard on teenagers with any BA level. Remember the family that was just killed in Novato? And don't let anyone try the cough medicine or mouth wash defense unless you child drank 5 gallons just before he was arrested. (You can find the calculation on-line.)

The arrest is going to be on your child's record rest of his life and it can not be erased, (it's already in the computer systems). If he applies for a job they will find it. As for the convection work with the PD, if your son can demonstrate he's a good kid you can get the record sealed and years from now possibly expunged.

Be glad your child did not kill anyone or get killed. If you son took driving training in CA he would have seen the video of the interview of the teen who is serving 25 years for killing another teen in Sacramento. (It's almost a repeat of the accident in Novato.)

Then consider the politics. Do you think a judge will let your son off on a technicality because the keys weren't in the car or he was in the back seat. If he does and your son gets into another accident that judge is not going to look good.

Look on the bright side and use this as a learning lesson for your son. Remind your son no one was killed, injured and there was no property damage and he should be all he got was a ticket. If he still doesn't get it arrange to have your son meet the young man in Vacaville that caused the Sacramento accident, he'll be there for another has 20 years.

Best of luck to you and your family. Someone who has been there

DUI arrest for 18-year-old

My step son got DUI and he is 18 years old (under age drinking). Has anyone been through this with their kids. Should we hire a lawyer or go it alone? Does anyone know a good DUI lawyer?

There are now gadgets called Ignition Interlock Devices which are attached to the car. They are essentially breathilizers -- the engine will not start if the driver has been drinking. There are different models, made by different companies, but there are ways to be sure that the passenger cannot be the one whose breath is being tested.

There's a new state law which will mandate use of IIDs after the first DUI conviction but this is a pilot program, being used in a few counties. (AB 91)

In any case, perhaps such a gadget would be useful to parents who are worried about their kids driving after drinking. Patty

18-year-old arrested and jailed for shoplifting

My kid turned 18 and then one week later was arrested for shoplifting. He was with another 18 yr old who ran away and was not caught. He was not allowed to call anyone, was transported to Martinez to the county jail, strip searched and held for 24 hours until one of his friends called up to tell us what happened and we were able to bail him out. Now, don't get me wrong, we know he broke the law and there will be consequences. But hello? First time arrest, he's the size of a 12 year old and the most non-threatening young man you could imagine. I cannot fathom the wisdom of a justice system that treats people this way. He was called every name in the book by the officers, including 'faggot'. But I digress... We need the name of an good attorney. He has no record and is attending college. Yes, he's an idiot, but he's our idiot and we want him to learn from this without it ruining his life. Any recomendations/advice appreciated. there but for the grace of god...

But first, take a deep breath. Was this a big mistake? Yes. Will he learn the important lesson? Let's hope so. But his life is not over, and you may not need a lawyer at all. If your son has no record, and really just shoplifted (i.e., took stuff and left, but didn't possess drugs, fight with store employees to get away, use others' credit cards, or anything like that), he is looking at a misdemeanor petty theft. The CoCo DA has stated very publicly that he will be forced, with looming budget cuts, to stop prosecuting petty theft misdemeanors. So although there was an arrest, the DA may not choose to pursue the case. If they do prosecute, there is a pre-plea diversion program in the DA's office for first time offenders of minor misdos like petty theft. He would pay some fines, attend a theft awareness class, and do some community service. If he kept his nose clean and did everything he was supposed to, and got no new arrests, at the end of the diversion period (usually two years), the case would be dismissed. If he blew it, then criminal proceedings would be reinstated and he might need a lawyer. He of course has to show up on the date set on the bail bond, and any other date set in a notice he gets from the court. If a complaint has been filed, he will almost certainly be offered diversion at arraignment, and can do it on the spot, with or without a lawyer. If he wants to talk to a lawyer first, he will get time to retain one or can ask for the PD. So you might wait and see if there is a complaint filed. The most important thing is to make HIM handle this, as much as possible, on his own. Make him research his options, decide about and hire any lawyer, pay the fees. There is a great pamphlet (on line and hard copy) for kids about turning 18, and the legal consequences. Make him read it. http://www.calbar.ca.gov/calbar/pdfs/publications/Becoming-18.pdf Good luck. Know the ropes

i suggest you call a GREAT defense attorney: Diana Weiss. She helped my son out of a pickle a couple years ago. My son was also locked up and we didn't focus on the poor treatment he received from the Berkeley Police Department, we focused on his transgression and moving on. The police have to deal with so much crap, maybe they were doing a ''scare him straight'' exercise.

Your son screwed up and he needs a good attorney and she is it! I hope you can afford to help him out financially and emotionally. Good luck.

contact Diana Weiss 510 847 1012 or dianaweiss@sbcglobal.net signed ~ dad in Berkeley

here is a blurb from their website: http://www.cooperdefense.com/ Cooper Law Offices is one of the premier criminal defense firms in Northern California. We focus solely on criminal defense. We have a reputation for vigorously, aggressively, and successfully representing clients whether they are charged with murder or a simple traffic ticket.

call today. they're simply the BEST! satisfied client (and no convictions)

14-year-old was arrested for knife at school

I need help! I have a 14-year old grandson, who has ADD/PTSD/Asperger's Syndrome. Twice, he has taken a boyscout knife to school, showed it during a confrontation with a kid who was encouraging him to fight him, was arrested, and now has received State of California Arraignment papers. Does anyone know where we can go to get legal and community advocacy help?. This is a kid who has an 10yr old's emotional and mental age.

The purpose of the manifestation hearing is to answer 2 basic questions:
- Are whatever charges against a student a manifestation of their disability? and
- Are whatever charges brought against a student a direct result of the school’s failure to provide services to the student as outlined in the IEP?''

For more info you can also contact DREDF (Disability Rights Education and Defense Fund: http://www.dredf.org/ Best of luck! Jan

Also consider sending your child to a KidPower workshop to learn ''People Safety'' skills. He will learn how to handle situations like this non-violently, knowing how to defuse a situation and when to walk away. He also will learn self-defense skills for use as a last resort. My family recently took a FamilyPower workshop with them and all 3 of us had fun and feel much more confident about handling possible troublesome situations safely. They have experience teaching kids with developmental delays. I encourage you to contact Irene van der Zande or Ericka at safety@kidpower.org and describe your situation. They are warm and reassuring and can advise you which workshop would be best for him. You also can go to the KidPower site at www.kidpower.org. I highly recommended their workshops for all adults and kids, even those who are preschoolers. Nancy

Need a criminal attorney for marijuana possession

Does anyone know of a really good criminal attorney who can help with a case in which a 17 year old boy was cited for possession of a small amount of marijuana? I'm looking for someone who is legally savvy as well as knowledgeable about diversion programs. Thanks very much. anonymous