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Possession of Alcohol by a Minor

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  • 03-28-2010, 12:00 PM
    SamuelJaxon
    Possession of Alcohol by a Minor
    My question involves criminal law for the state of: Virginia

    age: 17

    While walking down the road waiting to be picked up by a friend, a police officer pulled up in his car. He thought i was an individual reported to have been destroying mailboxes on this particular street. It was clarified that i wasn't who he was looking for, and he noticed i smelled of alcohol. I did not have ID on me but verbally identified myself to him when asked, and he further questioned me about whether i had drank earlier or not. I replied i had a 'drink', but stayed clear of mentioning beer, etc. He did not breathalyze me or conduct any field sobriety tests, but remained certain i had been drinking. After taking me home he made me sign a document for a court date, as i was being charged with 'minor possession of alcohol'. My question is, can i argue he had no proof of intoxication other than smell and get the charges dropped? Furthermore, is it worth the time and money to argue this in court?
    i feel as if i havent incriminated myself and may have a chance in court....any help, advice, or similar cases discussed will be greatly appreciated as this is my first offense.
  • 03-28-2010, 12:20 PM
    mamabear2102003
    Re: Possession of Alcohol Va - Need Advice
    17 and admitted to having a 'drink' (don't care HOW you stated it, and whether or not you identified the drink). Um, regardless, thinking this one might come back to bite you. You 'incriminated' yourself when you admitted the 'drink' to a law enforcement officer. JMHO.
  • 03-28-2010, 12:29 PM
    SamuelJaxon
    Re: Possession of Alcohol Va - Need Advice
    thanks. i too, thought that might bring about problems. Excluding that fact whats your take on the circumstances?
  • 03-28-2010, 12:47 PM
    mamabear2102003
    Re: Possession of Alcohol Va - Need Advice
    As a mom, my take is that you're in trouble. It's really hard to fight something that you know to be true. From experience with my own kids, it's going to be a LOT harder on you to fight this than to take responsibility for it. Lawyers are NOT cheap (even those that are court appointed) and judges tend to go easier if you just tell the truth and don't waste their time. Sounds like it's time to talk to mom and dad, and get a free consult with an atty before proceeding.
  • 03-29-2010, 06:36 AM
    SamuelJaxon
    Re: Possession of Alcohol by a Minor
    anybody else care to weigh in?
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