Underage Possession of Alcohol in Virginia

[rileykat]

My question involves criminal law for the state of: Virginia

There was a freak scenario involving another car, but resulted in our car being pulled over. Originally we were not pulled over for alcohol, but after the officer came up to the Driver (not me) he said he detected alcohol and marijuana. He then proceeded to let the K-9 Unit sniff the car & we were caught with Alcohol and marijuana. I was only charged with underage possession of alcohol (i'm 16). He searched our car & Breathalyzed us before my parents arrived at the scene, will this help my case? Also, he never read me my rights. He asked me questions (which I answered too, unknowingly that it was a bad idea) without my parent being there also. What charges are expected to come out of this? I have a court appointed lawyer. I heard that Virginia (my area particularly) is very harsh on underage drinking, especially in a car. What things can I do to help my case? Will I loose my license? Is there anyway I can avoid loosing my license? Also this is my first offense & first time ever being involved with the law. Please help! & quick!

[flyingron]

Once they have a legal reason to detain you they are not limitted in what they can discover and charge you with. Reading your rights only enters into it if they wish to question you AFTER you are arrested. Cops ask questions, especially ones that will incriminate you, before you are arrested. The police are not obliged to wait for your mommy to come before they ask questions. Some courts in Virginia will allow you to pay a fine and participate in VASAP to avoid a conviction on this charge. Ask your lawyer. If you were driving you can ABSOLUTELY GUARANTEE to lose your license for six months (though after two months, the may, and that is entirely up to the judge, allow a restricted license for work and school, which will be REALLY restricted). Even if you were just the passenger, you can be suspended.