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State v. J.Z.S.5/12/2000
nile Proceedings," of the Title 12, or in Title 32, the term "traffic infraction" is defined in § 12-12-50. That section states that a traffic infraction is "any violation of a statute, ordinance or regulation relating to the operation or use of motor or other vehicles or the use of streets and highways by pedestrians." This definition in § 12-12-50 appears in Article 3, entitled "Traffic Offenses." We believe that the terms "traffic infraction" and "traffic offense" have similar meanings.
The attorney general directly addressed this issue in an opinion issued in response to a question submitted by the district attorney for the Tenth Judicial Circuit. See Op. Att. Gen. 139 (1995). The attorney general was asked whether leaving the scene of an accident resulting in injury to another, when the offense is committed by a juvenile 16 years or older, is excluded from the definition of "delinquent act" in § 12-15-1(8). The opinion stated, in part:
"Section 12-15-1(8), set out above, excludes from the definition of a `delinquent act' traffic offenses committed by persons 16 years old or older. Clearly, the failure of a driver of a motor vehicle to perform one of the duties of drivers of motor vehicles involved in accidents is a `traffic offense' as that term is used in Code of Alabama 1975, § 12- 15-1(8).
"....
"A violation of Code of Alabama 1975, §§ 32-10-1 through 32-10-5 is a traffic offense and when committed by one 16 years of age or older is not a delinquent act within the jurisdiction of the juvenile court."
"While opinions of the Attorney General are advisory in nature they are, nevertheless, entitled to great weight." Associated Industries of Alabama, Inc. v. State, 55 Ala. App. 277, 314 So. 2d 879 (Ala.Cr.App.), cert. denied, 294 Ala. 281, 314 So. 2d 901 (Ala. 1975).
We agree with the decision reached by the attorney general and the reasoning it used in reaching that decision. " he failure of a driver of a motor vehicle to perform one of the duties of drivers of motor vehicles involved in accidents is a `traffic offense' as that term is used in Code of Alabama 1975, § 12-15-1(8)."
We hold that leaving the scene of an accident with injury is a "traffic offense" as that term is used in § 12-15-1(8). Our holding is in keeping with the wording of § 32-10-2 and the definition of "traffic" in § 32-1-1.1(74). We also find support for our conclusion in Alabama caselaw that holds juveniles to the same standard of care as adults when they engage in adult activity. "Under Alabama law, a minor conducting an `adult activity' is required to exercise the same degree of care as an adult." Lemond Constr. Co. v. Wheeler, 669 So. 2d 855 (Ala. 1995), cert. denied, 516 U.S. 1146 (1996), citing Gunnells v. Dethrage, 366 So. 2d 1104 (Ala. 1979) ("This court in Tindell v. Guy, 243 Ala. 535, 10 So. 2d 862 (1942), held a person using a highway has the right to assume without facts warning him otherwise, that other persons using the public highways will do so in a lawful manner. There is no room on the highways for multiple standards of conduct.").
If our holding is in conflict with the Legislature's intent in adopting the "traffic-offense" exception to a delinquent act in § 12-15- 1(8), we invite the Legislature to amend this statute.
J.Z.S. has failed to establish the prerequisites for the issuance of a petition for a writ of mandamus. For the foregoing reasons, this petition for a writ of mandamus is due to be, and is hereby, denied.
PETITION DENIED.
McMillan, Cobb, Baschab, and Fry, JJ., concur.
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