Adults generally have the right to be out at night or in the early morning as they see fit. However, minors in California do not have the same right. Various laws are in place that monitors or restrict the behaviors of teens and other minor children, including San Diego’s child curfew law. If your child has received a citation for breaking curfew or you need more information about this law, a knowledgeable lawyer from Boyd Law Attorneys at Law can help.
Curfew Laws in San Diego, California
San Diego’s curfew law prohibits any minor to be present in a public place between the hours of 10 p.m. until 6 a.m. any day of the week. Additionally, the law also makes it unlawful for a parent or guardian to allow their minor to break the curfew law.
There are some exceptions to the curfew law, including when the minor is:
- Accompanied by their parent, guardian, or a responsible adult
- On an errand their parent or guardian requested, without any stop or detour
- In a motor vehicle traveling interstate
- Working, going to work, or returning from work, without any stop or detour
- Attending an official school, religious, or recreational event in which the City of San Diego, a civic organization, or a similar entity is responsible for the minor
- On the sidewalk by their residence
- Involved in an emergency
- Exercising their First Amendment rights
Additionally, the curfew law does not apply to children who have been emancipated by law.
Other cities and towns in California have similar rules to those of San Diego.
Driving Restrictions for Minors in California
In addition to the general curfew rules, minors and their parents must also be aware of the state’s driving restriction laws that apply to minors. A teen obtains a provisional license before they reach the age of 18. The provisional license coincides with additional responsibilities and restrictions. One of the most important restrictions is that the driver cannot drive between the hours of 11 p.m. and 5 a.m. during the first 12 months after they are licensed. There are exceptions to this law, such as the driver having a signed statement from their employer that indicates the driver is working a late or early shift.
Teen drivers may have other restrictions as a condition of having their provisional license. For example, they are generally allowed to drive alone while they have a provisional license. However, this right can be rescinded if they have traffic violations or accidents on their driving record. Additionally, they cannot have passengers under 20 years old in the vehicle with them unless there is also a passenger of 25 years old in the vehicle with a California driver’s license.
Contact Our Knowledgeable Attorneys for Help
If your child has received a citation for breaking San Diego’s curfew law or provisional driving law, there may be various defenses you can raise. An experienced lawyer with Boyd Law Attorneys at Law can review your child’s situation, identify possible defenses, and represent your child’s interests in legal proceedings. Contact us today to discuss your case during a confidential consultation.