Under the Influence for a minor- CA PC 647(f)

[mondai123]

What is the name of your state (only U.S. law)? California

My 16-year old son was stopped by police in Belvedere, CA on the sidewalk at 1am and charged with CA PC 308(b), CA PC 647(f) and 9.52.010BMC. This is the first run-in with the police. The police sent the case from Marin County to San Francisco County (we reside in San Francisco). Although he was originally charged with curfew (Belvedere law is 11pm for 16-year olds ), as we live in San Francisco it seems to have been dropped as there is no curfew for 15 year olds and over in San Francisco.
Questions: Do we need to hire an attorney? I have scoured the internet to learn the legal consequences and the 647(f) for a minor consequence astonished me! A one-year suspension of driver license! When the police called us and we picked him up they told us my son was compliant. He feels great remorse but I have not told him yet that I have learned that he will lose his license for a year. He will be devastated but this is a wake up call that the law is the law. But I also feel I need to advocate for my son. How best to help him? Thank you.

 

[seniorjudge]

Take away everything that runs on electricity from your son.

Do not allow him to drive.

Do not allow him to go anywhere unless he's with a responsible ADULT family member.

Hire a lawyer.

Make sure he pays 100% of the attorney's fees.

Is this hard?

Sure.

But it's a lot easier than burying him.

 

[CdwJava]

My 16-year old son was stopped by police in Belvedere, CA on the sidewalk at 1am and charged with CA PC 308(b), CA PC 647(f) and 9.52.010BMC.

Okay. So, he was in possession of cigarettes and/or tobacco paraphernalia, intoxicated in public on alcohol and/or drugs, and for being in violation of curfew.

Questions: Do we need to hire an attorney? I have scoured the internet to learn the legal consequences and the 647(f) for a minor consequence astonished me! A one-year suspension of driver license! When the police called us and we picked him up they told us my son was compliant. He feels great remorse but I have not told him yet that I have learned that he will lose his license for a year. He will be devastated but this is a wake up call that the law is the law. But I also feel I need to advocate for my son. How best to help him? Thank you.

If it were my son, I would take away the car keys and the license now. I would not wait for the courts. He would also be grounded for the foreseeable future, his actions after that will be highly monitored to include spot checks of the friends' homes he is allegedly at, and no activity allowed that includes "just hangin' out."

I would probably not get my son an attorney as I would encourage him to step up and take whatever diversion is available, and when he turns 18 we could petition to seal the records anyway. I would also not want my son thinking that I would get him out of the trouble he chooses to get himself into.

I would also consider alcohol and maybe cigarette counseling of some kind as well.