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.
Why? apparently she isn't.
I'm worry about her record and her future
Yes, you are making excuses.
I'm not making excuses, but she's a good kid and one day will grow up.
See? there's one right there.
The peer pressure is hard for them.
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.
I hope the courts understand that.
sounds like she needs to polish up her thumb so she can get to her community service.
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.
and in case you had a question as to how the prior situation will affect this:
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:
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.
according to the law, there is no possibility of jail time. Fines, community service, suspension of the driver's license, and probation.
I find it unlikely jail time will be served
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.