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  1. #1
    Join Date
    Oct 2012
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    Default Underage Drinking, Second Offense

    My question involves criminal law for the state of: VA

    My child had one underage drinking charge at 18 which was dismissed after attending classes and 1 year probation. She was at a party recently and a neighbor called the police. The police arrived and gave everyone the BAC test. She blew a .04. The police took everyone's information, had the 20+ kids call their parents, let them leave without writing anyone a ticket, then continued talking to the person that had the party. Not sure what happen to that person. What's going to happen next? Are they going to arrest anyone? What will happen to someone that has 2 underage drinking charges in VA?

  2. #2
    Join Date
    Sep 2012
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    Default Re: Underage Drinking Second Offense

    There are never any guarantees in the legal process, but I highly doubt they are going to come after her 20 year olds drink quite commonly and if they come after her a defense lawyer could respond with why didn't you cite her when you had the evidence etc. Furthermore, I can only hope the D.A. has something better to do than prosecute a 20 year with a .04 BAC level.

    This is just a side criminal procedure thing which will further help your daughter when police give you a ticket and you sign off your generally agreeing to be released on your own recognizance or just pay the fine. At a crowded party I doubt they did this to everyone and likely will not come after her.

    Even if they do come after her a minor in possession is not a huge offense I highly doubt she will be serving time or anything, but I am not licensed in Virginia you can contact a pro bono lawyer through the Virginia Bar website, or use private sites like ********** to find a Virginia attorney to speak to, but realistically there is a good chance nothing further will happen.

  3. #3
    Join Date
    Oct 2012
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    3

    Default Re: Underage Drinking Second Offense

    At this party the police made all the kids (total head count was about 20) sit down and they went around to each child and wrote down their name, age, address, phone number, license info and made each of them take the BAC test and wrote down the results. Also, there were minors there. I'm wondering if the police will check each child's past record and use that against them. I really don't understand why they let everyone go and didn't write anyone a ticket. There was beer and liqueur everywhere. Not sure what happen to all of that. What would the courts do to someone with 2 underage drinking charges?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Underage Drinking Second Offense

    If you're caught committing a crime, there's always a chance that you'll be criminally charged. We cannot promise you what the future holds. If the police chose not to cite the minors at the time, the person who should be most worried about being charged would be the host, but it's possible that the prosecutor will decide to go after everybody.

    I don't know why chicocats thinks you will find a "pro bono lawyer through the Virginia Bar website", but what appears that he's really here to do is to spam references and links to his employer, the "private site" he mentions.

  5. #5
    Join Date
    Oct 2012
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    3

    Default Re: Underage Drinking Second Offense

    My daughter got a summons yesterday. Virginia Code 4.1-305 Purchase or Poss. by person less than age 21. She was charge with this more than a year age and just got off of probation in March. What do you think they will do to her this time? She is a College student and has really good grades. I did get a Lawyer. Her appointment is not for several weeks. I'm worry about her record and her future. I'm not making excuses, but she's a good kid and one day will grow up. These kids need to learn to follow the rules and make good choices. The peer pressure is hard for them. I hope the courts understand that.

  6. #6
    Join Date
    Sep 2012
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    22

    Default Re: Underage Drinking Second Offense

    There is no clear cut answer, but many people have MIP charges and go onto to do fine. It is not a great thing to have on your record, but I find it unlikely jail time will be served here is an article explaining MIP http://www.**********.com/law-librar...-or-drugs.html

  7. #7
    Join Date
    Jan 2006
    Posts
    27,093

    Default Re: Underage Drinking Second Offense

    [QUOTE=MSBL;655877]My daughter got a summons yesterday. Virginia Code 4.1-305 Purchase or Poss. by person less than age 21.

    I'm worry about her record and her future
    Why? apparently she isn't.


    I'm not making excuses, but she's a good kid and one day will grow up.
    Yes, you are making excuses.

    The peer pressure is hard for them.
    See? there's one right there.


    I hope the courts understand that.
    Oh, they understand that but they also understand that underage drinking is against the law. They also understand that your daughter already had one shot at showing that wasn't the real her. Now she has shown they were wrong the first time.

    C. Any person found guilty of a violation of this section shall be guilty of a Class 1 misdemeanor; and upon conviction, (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year; the license to operate a motor vehicle in the Commonwealth of any juvenile shall be handled in accordance with the provisions of 16.1-278.9. The court, in its discretion and upon a demonstration of hardship, may authorize an adult convicted of a violation of this section the use of a restricted permit to operate a motor vehicle in accordance with the provisions of subsection E of 18.2-271.1 or when referred to a local community-based probation services agency established pursuant to Article 9 ( 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court may require an adult who is issued a restricted permit under the provisions of this subsection to be (a) monitored by an alcohol safety action program, or (b) supervised by a local community-based probation services agency established pursuant to Article 9 ( 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol safety action program or local community-based probation services agency shall report to the court any violation of the terms of the restricted permit, the required alcohol safety action program monitoring or local community-based probation services and any condition related thereto or any failure to remain alcohol-free during the suspension period.
    sounds like she needs to polish up her thumb so she can get to her community service.

    and in case you had a question as to how the prior situation will affect this:

    Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.
    and as you can see, it becomes more and more apparent the only reason chicocat is here is to hawk that website. S/he was so lazy s/he couldn't even bother to look up the statute so as to be able to provide you with an accurate response as to whether incarceration might be a possibility. S/he just says:
    I find it unlikely jail time will be served
    according to the law, there is no possibility of jail time. Fines, community service, suspension of the driver's license, and probation.

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