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Metropolitan Police Department—Washington D.C. SPECIAL ORDER
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The
purpose of this special order is to amend the following sections of Special
Order 99-14 (Juvenile Curfew Act of 1995):
I. Part VI, Section D8, Watch Commander:
i. Forward
all 379’s in the morning mail to Youth and Preventive
Programs.
II. Part VI, Procedural Guidelines, Section
G, of Special Order 99-14, (Juvenile Curfew Act of 1995)
shall also be clarified.
Under the Juvenile Curfew Act of 1995, a
minor (juvenile) is defined as a
person under the age of 1 7 years. D.C. Code §40-301 refers to persons driving under the age of 18 years
as minors (juveniles). There seems to
be some confusion as to how to handle 17 year olds who are in violation of 40-301(g). Although this provision appears
in the Curfew Act, 1 7 year old
drivers are to be treated differently than 1 6
year olds under the Juvenile Curfew Act.
In Special Order 99-14, Part VI, Section G
shall read as follows:
Concurrent with the enactment of
the Juvenile Curfew Act, the D.C. Traffic Act, D.C. Code §40-301,
was amended to provide:
1. “(g)
No person under the age of 18 who has a valid District of Columbia drivers license shall operate a motor
vehicle in the District
of Columbia after midnight, except as provided
in section 4 of the Juvenile Curfew Act of 1995 [see section V.C. of this Special Order]. Violation
of this section is punishable
by the suspension of driving privileges for a period not to
exceed 1 year.”
2. Seventeen
year old juveniles cited for violation of D.C. Code §40-301 (g) above, who are
unable to establish an exception under section IV.C. of
this Special Order, shall be
issued an NOI, noting a “curfew violation.” The NOI is then forwarded to BTA. The 17 year old is subject to
the penalty for violation
of §40-301, namely, suspension of driving
privileges for 1 year or less. The usual paperwork associated with 16 year olds and younger, who are
in violation of the
Curfew Act, is NOT filled out. However, a P.D.
Form 379 should be filled out and specifically noted, “traffic curfew violation.”
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Publication |
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Effective
Date |
Page
Number |
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Special
Order 99-14 |
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September
22, 1999 |
2
of 2 |
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3. If
a 16 year old is driving during curfew hours, and is not involved in an exempted activity,
he/she is to be treated as
a juvenile curfew violator, with attendant paperwork filled out.
4. For
16 year olds, the car is to be legally parked until an authorized person can pick it up, or until 6:00
a.m., when the juvenile
can drive it away. The officer should take the juvenile
home. However, a 17 year old is allowed on the street
during curfew hours, therefore, an NOl with “0” entered in the collateral box should be issued and
the 17 year old juvenile
sent on his way.
Supplement to Special Order 99-14 Juvenile Curfew Act of 1995
