State v. Shawn P.

859 P.2d 1220, 122 Wash. 2d 553, 1993 Wash. LEXIS 310
CourtWashington Supreme Court
DecidedOctober 21, 1993
Docket59585-2, 60037-6
StatusPublished
Cited by118 cases

This text of 859 P.2d 1220 (State v. Shawn P.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Shawn P., 859 P.2d 1220, 122 Wash. 2d 553, 1993 Wash. LEXIS 310 (Wash. 1993).

Opinions

Andersen, C.J.

Facts of Case

The issue in these three consolidated appeals is whether the mandatory revocation of driving privileges, which is imposed upon minor teenagers who are convicted of consuming or possessing alcohol, violates the equal protection guaranties of our state and federal constitutions. We hold the revocation provisions in Washington's "abuse and lose" statutes1 constitutionally sound.

[556]*556Juvenile offender Shawn P. was found guilty of violating the law prohibiting minors from consuming alcohol.2 He was 16 years old at the time of the offense and 17 when the disposition order was entered in juvenile court. Juvenile offender David W. was found guilty of violating the minor in possession of alcohol statute3 when he was 15 years old. Juvenile offender Daniel W. was 15 at the time of the offense and 16 when he pleaded guilty to a charge of violating the minor in possession of alcohol law.4

As a consequence of the determination of guilt in each case, the trial courts were required to notify the Department of licensing of the determination5 and the Department was then required to revoke all driving privileges of each of the juveniles for 1 year or until the juvenile reached the age of 17, whichever was later.6 In each of these cases, revocation was stayed pending the outcome of the appeals.7

Each of the juvenile offenders challenges the revocation law on equal protection grounds. Shawn P. argues that the "class" of persons affected by the challenged legislation includes all persons prohibited from possessing or consuming alcohol. The class, to his view, thus consists of all persons under the age of 21 years. Because the revocation provisions [557]*557of the legislation do not apply to those who are between the ages of 18 and 21, Shawn P. contends the law discriminates within the class and thus violates the fourteenth amendment to the United States Constitution. The Court of Appeals disagreed and upheld the constitutionality of the law and the finding of guilt in State v. Preston, 66 Wn. App. 494, 832.P.2d 513, review granted, 120 Wn.2d 1012 (1992). We granted Shawn P.'s petition for review on the constitutional issue.

David W. and Daniel W, whose appeals were consolidated below, argue that the challenged classification violates the equal protection guaranties of both the state and federal constitutions because it treats minor teenagers more harshly than both the 18- to 21-year-old group and the 12 years and under group. Again, the Court of Appeals disagreed and upheld the constitutionality of the law in State v. Weese, 67 Wn. App. 259, 834 P.2d 1099 (1992), review granted, 121 Wn.2d 1001 (1993). David W. and Daniel W. then petitioned for review on the constitutional issue. We granted the petition and consolidated the appeals with that of Shawn P.

One issue is presented in this court for review.

Issue

Does the mandatory revocation of driving privileges, which is applicable only to minor teenagers (those 13 and older, but under 18) who are convicted of consuming or possessing alcohol, violate the equal protection guaranties of the state and federal constitutions?

Decision

Conclusion. We hold that the mandatory revocation of driving privileges, which applies only to minor teenagers who are determined to have violated the minor possessing/ consuming alcohol law, is rationally related to the legitimate state objectives of promoting highway safety and deterring illegal drinking by teenagers and thus does not violate constitutional equal protection guaranties.

[558]*558The challenged legislation,8 which was enacted in 1988,9 amended a number of existing statutes.10 The legislation provides in pertinent part:

If a juvenile thirteen years of age or older [and under the age of 18] is found by juvenile court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four horns after entry of the judgment.

RCW 13.40.265(1)(a).11

The statutes referred to within the above-quoted section prohibit the possession, consumption or acquisition of liquor,12 except in limited circumstances, by any person under the age of 21,13 and prohibit the possession, distribution and manufacture of certain drugs.14 It is only the law relating to alcoholic beverages that is at issue in the consolidated cases before us.

Thus, under the statutory provision quoted above, if a juvenile, aged 13 to 18, is found guilty of violating RCW 66.44.270(2)(a) (consuming or possessing liquor), the court must notify the Department of Licensing. RCW 46.20.265 then requires the Department to revoke the juvenile's driving privilege. That statute provides:

(1) In addition to any other authority to revoke driving privileges under this chapter, the department [of licensing] shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 13.40.265, 66.44-.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar [559]*559municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.
(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

RCW 46.20.265 (part).15

While the legislation refers to "juveniles",16 it is clear that for purposes of the revocation provisions, the term is limited to juveniles who are 13 years of age or older and under age 18.

The legislation thus carves out a "class" of minor teenagers, aged 13 through 17, and imposes an additional penalty upon them.17

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Cite This Page — Counsel Stack

Bluebook (online)
859 P.2d 1220, 122 Wash. 2d 553, 1993 Wash. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shawn-p-wash-1993.