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California Penal Code Section 193.8(a) PC: Relinquishing Possession Of A Vehicle To A Minor
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California Penal Code Section 193.8(a) PC: Relinquishing Possession Of A Vehicle To A Minor
California Penal Code Section 193.8(a) PC makes it illegal for an adult to give possession of a vehicle to a minor in certain situations. This law is meant to prevent adults from putting minors in dangerous situations by letting them drive unsafely. While the intent is good, the law can be confusing to understand and lead to unfair accusations. This article will break down 193.8(a) PC to explain what it really means.
What Does California Penal Code 193.8(a) Prohibit?
Penal Code 193.8(a) prohibits an adult owner or possessor of a motor vehicle from relinquishing possession of the vehicle to a minor when:
- The adult knows or reasonably should know the minor is intoxicated at the time
- The minor has previously been found to have committed an offense like DUI or reckless driving
- The minor does not otherwise have a lawful right to possession of the vehicle
This law tries to prevent adults from letting minors drive when it clearly would not be safe. For example, if a parent knows their teenager has been drinking or has a record of reckless driving, but lets them drive anyway, the parent could face charges under PC 193.8(a).
What Are the Penalties?
A violation of Penal Code 193.8(a) is a misdemeanor offense. Potential penalties include:
- Up to 6 months in county jail
- A fine of up to $1,000
- Both jail time and a fine
In addition to criminal penalties, a civil lawsuit is possible if the minor causes an accident and injures someone while driving the vehicle. The adult who relinquished the vehicle could be liable for negligence.
Legal Defenses
There are several legal defenses that could beat charges under PC 193.8(a):
- No Actual Relinquishment – If the adult never gave possession of the vehicle to the minor, there is no crime.
- No Knowledge of Intoxication – The prosecution must prove the adult knew or reasonably should have known the minor was intoxicated. Lack of knowledge is a defense.
- No Prior Offenses – The minor must have a previous qualifying conviction for a vehicle code violation. A clean record is a defense.
- Lawful Possession – If the minor had a legal right to drive the vehicle, such as a valid license, the law does not apply.
An experienced criminal defense lawyer can evaluate the evidence and determine if any of these defenses apply.
Prosecutors often charge Penal Code 193.8(a) along with other criminal offenses, such as:
- Child Endangerment – Penal Code 273a. Letting an intoxicated minor drive could qualify as child endangerment.
- Contributing to the Delinquency of a Minor – Penal Code 272. Providing a vehicle to a minor with a record of offenses contributes to delinquency.
- Reckless Driving – Vehicle Code 23103. The adult may also be charged for reckless driving if they knew the minor would drive recklessly.
A skilled defense attorney can argue against “piling on” these additional charges in an effort to intimidate the defendant.
Recent Case Example
In a 2020 case, Valadez allowed her 16-year-old daughter to drive the family van. The daughter had previously been declared a ward of the court for reckless driving. While driving, the daughter made an unsafe turn and caused an accident with injuries. Valadez was charged with violating PC 193.8(a).
However, Valadez argued she did not know about her daughter’s prior reckless driving offense. The court agreed there was reasonable doubt whether Valadez knew about that offense. So the PC 193.8(a) charge was dismissed.
How Can an Attorney Help?
Being charged with relinquishing a vehicle to a minor can have devastating effects on your reputation and finances. An experienced criminal defense lawyer can help by:
- Conducting an independent investigation of the allegations
- Negotiating with the prosecutor to get charges reduced or dismissed
- Defending your case at trial if necessary
- Avoiding or minimizing penalties if convicted
Never try to handle one of these cases without an attorney. The laws are complex and the penalties are severe. With an aggressive defense, many of these charges can be defeated.
If you or a loved one has been accused of violating Penal Code 193.8(a), contact a skilled criminal defense attorney today. Don’t let false allegations ruin your life.
References
1. Penal Code 193.8(a) PC – Relinquishing a Motor Vehicle to a Minor – Shouse Law
3. California Penal Code Section 193.8(a): Relinquishing Possession of a Vehicle to a Minor
4. Penal Code 193.8 PC: Relinquishing Ownership of a Vehicle to a Minor
5. Giving Possession of a Vehicle to a Minor
6. California Penal Code § [Section] 273a(a) – Child Endangerment