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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default To Fight or Accept My Possession Charge

    My question involves criminal law for the state of: Virginia

    Last night I was having my friend drive me from my moms house where I had been drinking with her knowledge, to my dads house. He was not drunk but we had alcohol in the car. An officer pulled me over for a busted headlight. THe driver of the car is still 17 and turns 18 next week and I am 18 so he said he needed the driver to call his parents. He kept walking back to his car when the driver was attempting and finally he came back and said that he smelt alcohol and wanted to know who was drinking. I admitted it was me and then he administered a breathalyzer after that while I was still seated in my car. There was beer in the backseat but I don't know how I could be charged for possession without them taking any or even telling me that they saw it since it was fairly covered up. Also I know there are specific procedures for breathalyzers and such and I was wondering if any could possibly have been broken. Also do you reccommend I hire an attorney and what can I expect if I plead guilty. Btw I have a clean record and dont even have a speeding ticket on there. Thank you

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

    Default Re: To Fight or Accept My Possession Charge

    You can be charged with possessing your beer because you possessed it. You have told us that you possessed it. Why does the charge surprise you?

    If all you're charged with is possession of the beer in the back seat, your BAC isn't relevant.

    Consulting a lawyer is a good idea.

  3. #3
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: To Fight or Accept My Possession Charge

    There are some key facts missing from your facts that are needed for any decent analysis. Your charge is for possession, so all any attorney is going to care about is whether there was in fact beer in the car and how the police officer came to get his hands on it.
    If it was covered up and the police officer opened the door and uncovered it, you might have a search and seizure issue.
    The breathalyzer does not matter and is irrelevant to your case.

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