Underaged Possession Charge

My 18 year old daughter, who is a college freshman, was at a fraternity party off campus in a rural college town in Virginia. Eleven local police cars pulled up to the house where the party was at about 11:30, and entered the house telling everyone present to line up and provide identifications.

The police separated the people without id's (she was in a Halloween costume, and had no indentification on her). They asked her name and social security number, which she gave them voluntarily, and they asked if she had been drinking, to which she gave an affirmative response. They charged her with 'underaged possession'. However, they did not find her with alcohol in her possession, nor did they breathalyze her. Approximately 30 students were charged. Approximately 50 students ran for the woods and escaped. Another 20 or so were over 21. It was mostly young women who were charged, and most young men that got away.

My question is this- if they did not give her a breathalyzer, and they did not actually find her with a beer in her possession, then how can they make a valid case? Do they have a valid case? Do we need a lawyer to go to court with us?:confused:

She admitted that she had been drinking at the party. That's sufficient.

It wouldn't hurt to consult a lawyer. Sometimes, with a mass-arrest type case, it's easier to make deals. But if this is one of those college towns where the prosecutor is trying to "make an example of" people involved in this type of party, it's best to know that going in.

Thank you for your response. I found a court decision from Virginia that stated that if the alcohol has been ingested, it is not evidence of possesion, but I find this confusing because it seems as if the police would know this and conduct a breathalyzer test in order to cover thier butts in court.

I have a call into an attorney though.

Can you share the name of the case, and a link?

http://www.oag.state.va.us/Opinions/2002opns/02-059.pdf

:confused:

At the time that advisory opinion was written the statute as quoted stated "[n]o person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall purchase or possess, or attempt to purchase or possess, any alcoholic beverage."

The statute presently provides,

Quote:

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Quoting Code of Virginia § 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services.

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A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol.

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I see, so the law has changed since 2003. Okay, well that makes sense because I can't imagine that the officers wouldn't know this. However, I found out last night that my daughter requested a breathalyzer and they refused because they had run out of them. She had drank a beer with dinner that evening, but had just arrived at the party and had not drank, so she believed that she would blow a zero and asked to be breathalyzed. She is going to see an attorney about this.

She was not visibly drunk, slurring words, unable to maintain balance, or any of that when this happened. It seems a little bit like over-zealous police work to me. I don't know...