Motion to transfer traffic cases to juvie court denied

The Superior Court has denied the Office of the Public Defender’s motion to transfer to Juvenile Court two traffic cases of a defendant who was 17 years old when the violations allegedly occurred.

Associate Judge Joseph N. Camacho ruled Friday that, with the Office of the Attorney General’s dismissal of two charges against Manex Nimwes of having a blood alcohol concentration of 0.01 percent or more for a person under the age of 21, the Commonwealth divested the Juvenile Court of jurisdiction to adjudicate the alleged violations.

Therefore, Camacho said, Nimwes’ motion to transfer his cases to the Juvenile Court is moot.

Nimwes is now 19.

In the first case, he was 17 when the OAG charged him in January 2017 with failure to stop before entering the intersection and remain stopped until green is shown, reckless driving, having a BAC of 0.08 percent or more as measured by a breath or blood test, driving while under the influence of alcohol, and having a BAC of 0.01 percent or more for a person under the age of 21.

In a separate case, in June 2017, the OAG charged the then-17-year-old Nimwes with unsafe weaving, driving without a license, reckless driving, having a BAC of 0.08 percent or more, and having a BAC of 0.01 percent or more for a person under the age of 21.

Assistant public defender Heather M. Zona, counsel for Nimwes, asked the court to have the two cases transferred to Juvenile Court in accordance with the Commonwealth Juvenile Justice Act.

Under the Vehicle Code, a person shall not drive, operate or be in actual physical control of any vehicle while having a blood alcohol concentration of 0.01 percent or more for a person under the age of 21.

Zonas said at the time of the alleged violation, Nimwes was 17 years old.

Zona said the Commonwealth Juvenile Justice Act provides that the Superior Court shall have exclusive original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status offense.

The OAG noted the alleged historical practice of the Superior Court of keeping juveniles charged with having a BAC of 0.01 violation in traffic court if defendants were above the age of 16.

During the arraignment in July 2017 and a motion hearing in February 2019 in the first and second cases respectively, the OAG moved to dismiss the charges of having a BAC of 0.01 percent or more for a person under the age of 21. The court granted both motions.

In his order Friday, Camacho said that, of all the offenses charged against Nimwes, only the charge of having a BAC of 0.01 gave the Juvenile Court exclusive, original jurisdiction over him.

Camacho said because Nimwes was above 16 at the time of the alleged violations, and is not at this time charged with having a BAC of 0.01 violation, the Juvenile Court lacks jurisdiction over him.

Therefore, the judge said, the Juvenile Court lacks the authority to adjudicate the remaining charges in the two cases.

Camacho said had the OAG not dismissed the charges of having a BAC of 0.01 violation, the court would be required by law to grant Nimwes’ motion and transfer his two cases to the Juvenile Court.