Underage Possession and Drinking in Public in Virginia

[dlc003]

My question involves criminal law for the state of: VA

Hi, Im 20 years old and was at Jiffy Lube Live in Gainesville, VA for a concert when I was charged with Underage Possession and Drinking in Public. I was in the back of a car going into the parking lot when a bike saw me take a sip of beer. I realize a fine and ASAP are likely yet I'm hoping my license won't be affected. I was not driving nor did they breathalyze me. This is also my first offense and I'm wondering if getting a lawyer will be worth the money. If anyone is familiar with the area or knows anything, I would greatly appreciate their input on what will most likely happen to me and what my best course of action will be.

P.S. What is the difference in Drinking in Public and Drunk in Public if there is any?

Thank You

[flyingron]

If they agree to the diversion (which they likely will), you'll pay $500, plus take the VASAP course, plus do community service, and you WILL lose your license for six months.

There are separate statutes in virginia for underage drinking, drinking in public and "public intoxication or profane swearing." In actuality, they all have about the same consequences (class 4 misdemeanors).

[dlc003]

So would getting a lawyer likely change any of this or is it pretty much set in stone?

[flyingron]

Depends on what the situation is exactly. Many will talk to you for free or a small charge and see if there is any defense they can offer, but really the diversion option is your best bet and if you speak to the commonwealth's attorney at your appearance and he's willing to back it you might as well go for it (as near as I can tell from your explanation). If they insist on trying you, you can still ask for an attorneY (but if you do that, it would BEHOOVE you to actually have one when you reappear. Judges don't have much leniency for those who request such continuances and do nothing).