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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Underage Possession of Alcohol

    My question involves criminal law for the state of: Virginia

    Similar to the post before me, I was at a party at the college I will be attending next year, and had my first ever experience with alcohol. I blacked out, and when I came to I was at a police station with my parents. Knowing my rights (even in a drunken stupor), I refused a breathalyzer, but the officer told my parents that because he could smell it on my breath and because I could not stand, it was still considered underage possession of alcohol. I am uncertain as to why it was not a "drunk in public" charge, because I had no physical possession of the substance. I am 17 and have a spotless record, and want to know what to expect on my court-date. Also, any advice on action I should take to reduce the severity of the sentencing, etc. would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Underage Possession of Alcohol

    This is in juvenile court?

    Generally speaking, you face a fine of up to $2,500 and up to 12 months in jail. I would expect probation. You may be eligible for a deferral with Virginia Alcohol Saftey Action Program (VASAP) classes and, if you successfully complete the period of deferral, a dismissal. A local lawyer can best advise you as to the policies of the local court and prosecutor.

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