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In re Jennifer S., No. A122900

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. 

Read In re Jennifer S., No. A122900 [HTML]

Read In re Jennifer S., No. A122900 [PDF]

Filed November 10, 2009

Judges

Opinion by Judge Simons

Counsel

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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