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In re Jennifer S., No. A122900

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By FindLaw Staff on November 11, 2009 10:52 AM

Juvenile court's order placing defendant on home probation for violation of County Code section 9.42.020, which makes it a misdemeanor for a person under age 21 to have a blood alcohol level of .01 percent or more while in a public place within the County, is affirmed and defendant's claim that the ordinance is preempted by state law rejected where: 1) the field of underage drinking is not fully occupied; 2) the ordinance was enacted to prohibit consumption; 3) the ordinance does not duplicate state law; and 4) defendant's argument that the potential adverse effects of the ordinance on transient citizens outweighs the possible benefits to the county is rejected. 

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Filed November 10, 2009


Opinion by Judge Simons


For Appellant:  Surowitz & Bell and Bobby Bell

For Appellee:  Edmund G. Brown, Jr., Attorney General, Gerald A. Engler, Assistant Attorney General, Lawrence K. Sullivan and Martin S. Kaye, Deputy Attorneys General

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