Legal Question in Traffic Law in California

My 14 year old son was ticketed for riding his skateboard in Carlsbad, California. The officer informed him that 10 years earlier, the town had passed an ordinance outlawing skateboarding within a 20 block radius. However, there are no signs indicating that skateboarding is illegal anywhere within this radius. The officer told me that I "should have known". When I asked him how I or my son should know, he said "I have no answer for that." The officer admitted that he has never seen my son before, nor given him a warning in the past. We did not live in this town when the law was passed. I own a store within this radius and have never seen a ticket given in 8 years. Does my son have any defense to take to the Juvenile Traffic Court?


Asked on 11/26/09, 9:09 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

First check to see whether that law is still in effect and applies to where your son was. Try to talk to someone in the DA's Office who handles these matters to get them to drop it; you probably will not be able to find someone. Go down before the hearing date to talk to the judge's clerk to see how the jduge handles matters. I believe the hearings are closed to the public so you could not watch one to see what happens.

Have your son apologize for breaking the law but point out that there was no easy way for him to find out that activity was made illegal, there were no signs up, what he did is allowed in other communities unless directly banned, he has not been in trouble with the law before, no one else has been charged with a similar crime, it would do no good to find him guilty as is he is law abiding and even if let go will be careful not to break laws.

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Answered on 12/01/09, 10:53 pm


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