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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter is 17 and driving my van at 1 AM. She was with

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My daughter is 17 and driving my van at 1 AM. She was with an adult of 18 years old. She was pulled over for a license plate light being out. She has a graduated AZ license. She was given a civil ticket for the light and then received a civil ticket for being out past 12 pm, Tucson AZ curfew law. My question is- Is this right? Is this a moving violation? She was with an adult coming home from another friends house that I knew she was at. Can she never drive after 12 PM? Thanks in advance.
Hello.

The curfew law for her is as follows (this is taken directly from the law itself):

Sec. 11-34(3) Curfew--Juveniles age 16 and older. It is unlawful for any juvenile, on or after his sixteenth birthday to be present in, about or upon any public place or establishment in the city between the hours of 12:00 midnight and 5:00 a.m. of the following day.

(g) Public place is any place to which the public or a substantial portion of the public has access and includes, but is not limited to, streets, sidewalks, alleys, rights-of-way, parks, playgrounds, or government buildings or facilities; vacant lots; and the common and/or parking areas of government buildings and facilities, schools, hospitals, apartment homes and complexes, office buildings, shops, malls, and
other establishments.

Sec. 11-34(5). Exceptions. The provisions of this section shall not apply to any juvenile who:

(a) Is accompanied by his parent or guardian;

(b) Is an emancipated minor;

(c) Is involved in an emergency;

(d) Has permission from his parent or guardian to travel to, or be in or at, a specific public place or establishment for a reasonable, legitimate and specific purpose;

(e) Is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, speech, and assembly.

(f) Is engaged in interstate travel;

(g) Is attending, or traveling to or returning from, an official school, religious or other civic or recreational event supervised by adults and sponsored by a governmental entity, a civic organization, or another similar entity that takes responsibility for the juvenile;

(h) Is engaged in employment activity, or traveling to or returning from such activity; or

(i) Is on the sidewalk immediately abutting the juvenile's residence.

 

 

So, to sum up, the curfew law does apply even when she is in her vehicle, and being accompanied by an individual over 18 is not enough...it must be a parent or guardian, or she must be engaged in one of the other activities outlined above under the "Exceptions" section, such as traveling from work or a school activity.

 

Hope this helps clear things up.

Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4391
Experience: Almost 12 years of legal experience
Hammer O'Justice and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the answer. The only thing not covered is "this a moving violation" because this was in a car?

Customer: replied 3 years ago.
Relist: Other.
i think he is off line right now. I have waited for over an hour. His answer was good but I needed to know if the ticket is a moving violation in any way. I am still glad to pay. Thanks in advance.
Thank you for your question. Sorry for the delay.

No the curfew violation is not a moving violation just because she was in a car at the time. It is just a regular civil violation and will not appear on the driver's license record.
Customer: replied 3 years ago.

Thank you. I will pay the balance I owe now and leave great positive feedback for both of you, XXXXX XXXXX

Thank you very much
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you