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In Virginia, the courts have ruled that
using alcohol implies possession of alcohol.
Therefore, even though your daughter did
not have any containers containing alcohol,
she still possessed alcohol it if she
has alcohol in her body. The specific
law dealing with underage possession of
alcohol is Virginia Code ¤ 4.1-305.
The punishment for violating this law
is a Class
1 misdemeanor that carries a jail sentence
up to 12 months and a fine up to $2500.
In addition, the statute provides that
on conviction, the judge must order the
accused to pay a fine of at least $500
or to perform a minimum of 50 hours of
community service. In addition, the judge
has the power to suspend the defendant's
driver's license for up to one year, but
can issue a restricted driving permit,
if the judge determines it appropriate.
I recommend that you speak to an attorney
in the Harrisonburg area for a few reasons.
First, the punishment for this charge
is serious. Your daughter could go to
jail, lose her license to drive, and/or
be ordered to pay a high fine. Also, if
convicted, your daughter's criminal record
will no longer be clean. Potential employers
might decide not to hire her based on
this conviction.
When interviewing an attorney, make sure
the attorney has experience handling underage
possession of alcohol cases. An experienced
attorney will know the judges, police
officers, and prosecutors and should be
able to predict what will happen to your
daughter if she is convicted.
DISCLAIMER: David A.
Cardon is an attorney at the Virginia
Beach office of Cardon and Goodman, P.C.
who concentrates his legal practice in
traffic, criminal, and personal injury
law. Mr. Cardon provides the materials
contained above as a public service and
on an informational basis only. These
materials are not intended to be a comprehensive
statement of Virginia law, and are not
intended to convey legal advice. If you
have a legal problem, you should consult
with an attorney in your area who can
investigate the particular circumstances
of your situation. You can contact David
Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.
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VIRGINIA BEACH, NORFOLK, PORTSMOUTH, CHESAPEAKE, HAMPTON, NEWPORT NEWS
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