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| How
Virginia Courts Define Underage Possession
of Alcohol by David A. Cardon, Esquire Dear Mr. Cardon, After reading your response to someone regarding taking Breathalyzer tests, I am hoping you can give me some advice or suggestion for a problem that has come up. I have a 19-year-old daughter at JMU in Harrisonburg, VA. One week ago in Harrisonburg, she was a passenger in a vehicle with four other students. The car was pulled over for speeding. The officer asked if anyone had been drinking, to which my daughter and two other female passengers replied "yes--two beers each" and the driver and other male passenger replied "no". The officer gave my daughter and the two female passengers a Breathalyzer test. They each had a .04% blood alcohol level. The officer gave the driver a speeding ticket. He then gave my daughter and her friends tickets for possession of alcohol (no containers of alcohol were in the vehicle). My daughter and I realize that she was breaking the law by drinking under age, however, my question is this--how can she receive a ticket for "possession of alcohol" and not for "drinking under age". What does Virginia law define as "possession." We are wondering whether we should hire an attorney to fight this, as we do not want it on her record. I would appreciate any advice or suggestions. more>> |
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VIRGINIA BEACH, NORFOLK, PORTSMOUTH, CHESAPEAKE, HAMPTON, NEWPORT NEWS |
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1192 SOUTH LYNNHAVEN PARKWAY VIRGINIA BEACH, VA 23452 757-306-9060 EMAIL US |
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