MARK F. v. Superior Court

May the probation department in a juvenile proceeding exclude minors who are alleged to have been driving under the influence from consideration for informal probation under Welfare and Institutions Code section 654? While pondering this question, the trial judge said: “[T]his may be the case to make some law on the subject.” It is.

Mark F., a minor, petitions for a writ of mandate to compel respondent superior court to order the probation department to decide his eligibility for informal probation pursuant to Welfare and Institutions Code section 654 and California Rules of Court, rule 1307. Petitioner argues that the policy of the Ventura County Probation Department to deny informal probation to all juveniles arrested on drunk driving charges is invalid. We agree. The trial court abused its discretion in failing to order the probation department to evaluate petitioner. We therefore issue a peremptory writ of mandate.

Facts

On April 26, 1986, petitioner, aged 17 years, was arrested for drunk driving. (Veh. Code, § 23152, subds. (a) and (b).) Petitioner had no previous violations. On July 24,1986, a petition was filed in the juvenile court alleging that petitioner came…