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  1. #1

    Default Drunk Minor Charged with Possession of Alcohol

    My question involves criminal law for the state of: Virginia


    Ok so I was approached by an officer who had reason to believe I was under the influence of alcohol. I was a little drunk and made the mistake of telling him I had a couple beers. So he had his fellow officers come to the scene, where my car was also located. They searched my car and found a bowl. They took the bowl and didn't find anything else. They breathalize or alcho-sensored me. (not sure which is which but it had a little tube which whistled when I blew into it) After that, he didn't tell me what I blew but he told me to find a ride home and then handed me a summons to court for underage possession of alcohol. I was really confused at this point and asked him how I possessed the alcohol. He told me "In your system." I want to know if I could easily fight these charges, as I did NOT possess alcohol. That is what I am being charged with and I know they can't change the charge to drunk in public now that it is already set. So should I get a lawyer and fight this? Would that be worth the lawyer fees, or should I take the guilty plea and accept whatever they give me? Thanks for your time. -Justin

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Drunk Minor Charged with Possession of Alcohol

    You told him you had a couple of beers,so you admitted to possessing alcohol. At least he didn't charge for the pipe or in handcuffs,he gave you a summons and saved you that inconvenient. If test showed a small amount of alcohol,then you must of held the beer at some point. I use to work as a cashier and they were really strict about people under 21 even holding beer. Hopefully a lawyer can of some help to you. I would see if a lawyer offers a free consultation,it seems hard to beat the charge,maybe a lawyer can get you in to a diversion program. It would dismiss the charge if you stay out of trouble for a certain amount of time.

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