More than 500 cities in the U.S. have curfew laws that limit movement of minors between certain hours. San Diego is one of them. The purpose of a curfew is to protect children from dangerous people and circumstances that occur more frequently during late-night hours than during the day. If a minor breaks a curfew law in San Diego, he or she can be charged with curfew violation and will be required to appear in juvenile court. In addition, many cities will also cite the parents for allowing their minor children to be out after curfew. What happens, however, if your work hours extend beyond curfew? Can you violate a curfew for working?
Curfew Law in the State of California
While it is up to individual cities to determine whether they want to impose curfews on minors and if so, what hours the curfew will cover, the State of California imposes its own curfew when it comes to teenager drivers. For the first 12 months after obtaining a drivers license, a teen driver cannot be on the roads between the hours of 11 p.m. and 5 a.m.
If you work within those hours, and there are not any other reasonable transportation methods available to you, then you are allowed to drive to and from work or to perform work tasks. You must carry a letter in your possession that is signed by your boss and verifies information about your job including what date your job is expected to end. This prevents a teen from being out all night while carrying a letter around three months after the job ended.
Curfew Laws in Individual Cities
Just because a teenager is restricted from driving during certain hours it doesn’t mean he or she is necessarily at home. Individual cities have the right to impose additional curfews on minors. For example, anyone under 18-years-old in the San Diego area must obey a curfew. Different jurisdictions have different hours when the curfew applies. Poway, Escondido, Solana Beach, Del Mar and Chula Vista have curfews from 11 p.m. to 5 a.m. San Diego imposes a 10 p.m. to 6 a.m. curfew. An exception to curfew law in San Diego is made if you are on your way to or from work or driving as part of your employment duties, such as pizza delivery.
Curfew While on Probation
Though most curfews apply to minor children, if you are an adult on probation or parole for a criminal conviction, you might also have a curfew. Your probation/parole officer will have informed you if you are expected to be in your home during certain hours. If it is discovered that you are not there during those hours, you can have your probation/parole violated and be arrested. The end result could be completing your sentence in a jail or prison. If you have a job that requires you to work during the hours your curfew is imposed, you must get your probation/parole officer’s permission before working those hours.
If you have been charged with a curfew violation in San Diego, consult with a San Diego criminal defense attorney to determine what legal options you have to resolve the charge.
Latest posts by Domenic Lombardo (see all)
- Criminal Defense Lawyer’s Club of San Diego, President’s Column: New California Criminal Defense Laws - March 19, 2018
- Proposition 64: Bountiful Harvest of Relief to Many Convicted of Marijuana Offenses - December 30, 2016
- Government Planes Harvesting Cell Phone Communications over San Diego? - May 6, 2016