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  1. #1
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    Feb 2010
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    Default Underage Possession of Alcohol in Virginia

    My question involves criminal law for the state of: Virginia
    This past Friday night me and my friends were walking back from a party and were 50 feet away from our dorm when 2 officers dressed in street clothes stopped us. They both had badges hanging from around there necks. They gave both my friends a warning, but because they claimed i was stumbling, charged me with underage possession of alcohol. I did not have any alcohol on me, but their claim was that I had it in my body and that's why i was charged. However, I was never given a breathalyzer test or anything to prove that i had actually been drinking. Can i fight this in court? If found guilty what are the consequences? All response and any help is greatly appreciated, thanks!! this is also my first offense

  2. #2
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    Jan 2008
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    Toledo, OH
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    Default Re: Underage Possession of Alcohol in Virginia

    Were you stumbling? Did you smell of alcohol? That's really all the police need to establish probable cause.

    If you choose to contest the citation, you'd do well to retain counsel.

  3. #3
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    Default Re: Underage Possession of Alcohol in Virginia

    they claimed i was stumbling, however i can tell you that i was not stumbling. did i smell of alcohol? that i am not sure about, any idea what kind of punishment i could be facing?

  4. #4
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    Jan 2008
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    Toledo, OH
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    Default Re: Underage Possession of Alcohol in Virginia

    You can have a look at the array of possible penalties here.

    Do note, a conviction will result in a suspension of your drivers license, even though you weren't in your car when you were cited.

  5. #5
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    Feb 2010
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    Default Re: Underage Possession of Alcohol in Virginia

    I am actually in a similar situation

    Coming back from my dorm I was stumbling and was nabbed by the police. They took me downtown and had me stay the night. They breathalyzed me and I was no doubt drunk.

    My paperwork the next morning says I am being charged with the Class 4 Misdemeanor "Profane Swearing or Intoxication in Public" and I can either pay the small fine out of court or go to my court date.

    My question is:
    Is it assumed I am being charged with minor in possession even though my paperwork doesn't explicitly say it?....since I am under 21.

  6. #6
    Join Date
    Feb 2010
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    Default Re: Underage Possession of Alcohol in Virginia

    Quote Quoting ugh
    View Post
    I am actually in a similar situation

    Coming back from my dorm I was stumbling and was nabbed by the police. They took me downtown and had me stay the night. They breathalyzed me and I was no doubt drunk.

    My paperwork the next morning says I am being charged with the Class 4 Misdemeanor "Profane Swearing or Intoxication in Public" and I can either pay the small fine out of court or go to my court date.

    My question is:
    Is it assumed I am being charged with minor in possession even though my paperwork doesn't explicitly say it?....since I am under 21.
    does anyone have any take on this...? not to be pushy...

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