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  1. #1
    Join Date
    Apr 2009
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    1

    Default Options for an Underage Possession Charge

    My question involves criminal law for the state of: virginia

    I was recently charged with underage possession of alcohol outside of a party. It basically went like this- I was at a house that is on a hill so there is a stone wall under the front yard of the house and under this wall is the sidewalk and road. One of my friends was walking by so I calmly hoped off of the wall onto the sidewalk to talk to him. At this point three officers walked up to me and immediately started to question me. i.e. "how old are you son?", "How much have you had to drink son?'' ect... and gave me a Breathalyzer which was .12... during the whole ordeal i was of course cooperative. However my truthfulness in answering the second question with "not very much" was obviously a mistake i should have answered "i do not choose to answer your questions sir." at which point he wrote me a ticket and went on his way while telling me about vasap classes. My question is this, i was not holding a drink or acting drunk, so as such is he legally allowed to question me? did he have legal probable cause? and is there any point in trying to fight this or should i just do the vasap, community service, and probation, and move on? Any advice would be greatly appreciated.

    Thankyou.

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

    Default Re: Options for an Underage Possesion Charge

    Of course he's allowed to question you. Why wouldn't he be?

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