Reckless Driving by Juvenile, Near Torrance Airport, No File

Our client, age 17, was observed, according to a Torrance Police Officer, “doing donuts” in the large parking lot at the corner of Skypark and Madison.  This took place at about 2:00 a.m. when the parking lot was empty.  Our client was a senior at South Torrance High School.

The parking lot is used on weekends for motorcycle driving courses, with orange cones set up around the parking lot for various routes to teach motorcycle riders how to safely turn, accelerate and brake.  The parking lot is also used by remote control car enthusiasts to race small model cars.  

On this evening, our client was driving his father’s 51-year-old 1973 Chevy Blazer.  He had no passengers.  Our client was not drunk or under the influence of anything else.  He was simply attempting to have a little fun and see if he could make the old car slide a bit. 

The Torrance Police Officer stopped our client and ordered him out of the Blazer.  He asked for our client’s ID and called a tow truck.  When the tow truck driver arrived, our client heard him comment to the police officer that he had already towed four other cars from the same parking lot for the same thing that evening, making our client the fifth one.

After our client’s car was towed, the police officer issued our client a ticket for violation of Vehicle Code § 23103(b), which is for reckless driving in an “off-street parking facility.”

The officer apparently did not realize our client was under age 18 when he issued him the ticket to appear in the Torrance Superior Court about three months later.  

When such a ticket is issued to a juvenile, a separate ticket is issued to the juvenile’s parent or guardian instructing the parent or guardian that he or she must also appear in court with the juvenile under the Welfare & Institutions Code.  This was not done by the Torrance Police Officer with our client, who the officer allowed to simply Uber home to his parent’s home in South Torrance.

The client arrived home and explained to his surprised dad that his cherished 1973 Chevy Blazer had been towed by Van Lingen Towing to an impound lot on Lomita Boulevard (across the street from Costco), just about a mile from where our client was ticketed.  The client had to explain why this took place.

The client’s father then called Greg Hill & Associates about a week later.  The father explained the basic facts of his son’s citation and, with some concern, asked whether his son was likely to serve time in county jail for this transgression.

Greg explained that no, his son would not serve any time for this violation.  Greg further explained that he believed the ticket was improperly issued because a different type of ticket is issued to a juvenile.  Moreover, Greg explained, if the Torrance Police Department were to “fix” their mistake and the client were referred to juvenile court instead, the case would be resolved through some form of diversion, most likely.

Greg then recommended that the client take an online safe driving course and send Greg a copy of the proof of completion certificate or other documentation showing the client completed the course.

Greg then explained how a juvenile court worked and how it differed from an “adult court.”  Greg also explained how diversion worked and why, once diversion had ended and the case was dismissed, that it was important for the client to request sealing of the police report and court file, if any.

Greg further explained that a detention, as took place with the client, is regarded as an arrest for purposes of sealing and destroying under Penal Code §§ 851.91 and 851.92.  In other words, while the client was not actually arrested (with a mug shot taken and fingerprint impressions collected), he still qualified for sealing and destroying.  This was equally true under similar sealing provisions under the Welfare & Institutions Code applicable to juveniles.

Greg also explained to the father that he would write a letter to the Torrance City Prosecutor in charge of filing cases and point out the error in the ticket and enclose a copy of the client’s proof of completion of the online safe driving course.

The client’s father then retained Greg Hill & Associates and Greg wrote the letter to the Torrance City Prosecutor in charge of filing cases as described above.

Three months later, Greg appeared on the client’s behalf in the Torrance Courthouse for the arraignment.  No case was filed, as Greg expected.  

Greg then relayed the news to the client and his father, who were happy to hear the news.  Greg cautioned each that a criminal case still could be filed in juvenile court at any time up to the one year date after the citation because the statute of limitations for filing a misdemeanor is one year, but Greg told the client and his father that this was unlikely.