Curfew Law

• Georgia Code 15-11-2 is the area of law regarding status offenses, delinquent behavior and procedures relating to the law's interactions with children. The law code states that any child is considered "unruly" if that child wanders about or loiters in the streets of any city and about any highway or public place between the hours of midnight and 5:00 a.m.
  
  

Driving Curfews

• When a minor is issued an intermediate license, the license for drivers between the ages of 16 and 18 who have successfully driven a year with a learner's permit, it operates as a regular driver's license in many respects. However, a curfew is imposed on drivers at this stage; the Teenage and Adult Driver Responsibility Act enacted by the Georgia Department of Driver Services states that license-holders may not drive between 12 a.m. and 6 a.m. at anytime, without exception. The restriction is lifted when a regular driver's license is issued and the driver is 18 or older.
  
  

Exceptions

• The curfew law comes with some exceptions. For example, if the minor is accompanied by a parent or guardian, or the minor is expressly following instruction from a parent or guardian, then the curfew law doesn't apply. In addition, minors are allowed to return home from school, work or from an activity pertaining to freedom of religion, association or speech, such as church activities or political rallies. In these instances, the minor isn't loitering according to the legal definition as stated in Georgia state law if he is on his way back home in accordance with the spirit of the curfew law. In such instances, enforcement of the curfew would be an infringement upon the minor's rights.
  
  

Violations

• Violations of curfew are status offense crimes, and the crime comes with punishments. Violators who are deemed unruly toward police officers according to Code 15-11 or who need treatment will be detained for up to 12 hours. If additional detention is required, the minor will be transferred to a secure holding facility that is not a jail for up to 72 hours. In both cases, written warnings will be issued to parents, and the minor will have a hearing in front of a juvenile court.