In Re Jennifer S.

Appellant Jennifer S., bom in May 1993, was made a ward of the court (Welf. & Inst. Code, § 602, subd. (a)) and placed on home probation by the Del Norte County (County) Juvenile Court after it found she violated County Code section 9.42.020, which makes it a misdemeanor for a person under age 21 to have a blood-alcohol level of 0.01 percent or more while in a public place within the County. Appellant contends the Ordinance is preempted by state law and is therefore void. We disagree and affirm.

DISCUSSION

The background facts are not disputed. Appellant was present at a trailer park when police arrived to investigate a possible domestic dispute. After noting the odor of alcohol on appellant’s breath, the officers had her submit to a preliminary alcohol screening test. Thereafter, appellant admitted she had been drinking. The juvenile court rejected appellant’s claim that the Ordinance was preempted by state law.

I. Standard of Review

In evaluating the extent, if any, to which state law preempts the Ordinance, we must interpret both the Ordinance and relevant state statutes. The construction of statutes and the ascertainment of the Legislature’s intent involve…