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  #1  
Old 12-29-2006, 02:53 PM
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underage possession of alcohol, somone please help me


I live in Virginia and I am seventeen years old. Last night my friend and I were sitting in a car when a cop came and told us to open the door. He said he smelled alchohol and asked for our ids. He then made us take a BAC and i was .05 my friend was .04. We had no alcohol on us because we had taken some before. We were in the backseat of the car just sitting because my friend didnt feel well. It was her car and it wasnt on or anything like that. In the end he issued us both an underage possession ticket and gave us our court dates. Im really nervous because this was actually the first time i had ever even done something like this and i don't know what to expect from court. Is it likely that I can get off with community service and a fine without having a criminal record? The problem is that i am applying to college and i think that if i have a criminal misdeameanor conviction on my record i will probably not get in. I am applying to Princeton and UVA both of which are hard schools to get into. My mom thinks ive ruined my future and my dad wont even talk to me. Can someone give me some advice please? i know what i did was wrong and i just want to get into college.
  #2  
Old 12-29-2006, 03:03 PM
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BigMistakeFl


"Any person found guilty of a violation of this section shall be guilty of a class 1 misdemeanor (up to 12 months in jail and/or up to $2500 in fines); and upon conviction, such person’s license to operate a motor vehicle in the commonwealth may be suspended for a period of not more than one year.

Possession of alcohol by persons under the age of 21 no longer requires that the person be holding the beverage or container in their hand. Recent Virginia Court of Appeals rulings have made it clear that possession included alcohol which had been consumed and is in one’s body. The evidence of this is based upon the officer’s investigation, not on the existence of a cup, con or other container. If you have consumed any alcoholic beverages illegally and you come into contact with a Law Enforcement Officer, you can be charged with under aged possession."

I'd be nervous too, even though jail is not likely.
  #3  
Old 12-29-2006, 03:06 PM
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so the fact that this is a first offense doesnt mean i have a better chance of coming off lightly?
also does being under 18 have any effect on the sentence?
  #4  
Old 12-30-2006, 03:03 AM
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The odds are you'll get a conviction but not serve any jail time because it's your first offense.

As far as how that's going to affect your eligibility to get in to an IVY league school goes, keep in mind that there are a lot of good schools out there that aren't in the IVY league. And if you stay out of trouble, you're future will be just fine.
  #5  
Old 12-30-2006, 10:22 AM
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Quote:
Originally Posted by compscihwstrong
so the fact that this is a first offense doesnt mean i have a better chance of coming off lightly?
also does being under 18 have any effect on the sentence?
The fact you are under 18 makes the consumption a crime - it is an element of the defense, not an aggravated or mitigating factor.

If VA is like most other states, you might even be able to get diversion where this will completely disappear in 12 months if you complete counseling, pay a fine, and keep your nose clean (i.e. no arrest or conviction on your record).

If it makes that much of a difference for your future, you might consider begging mom and dad for an attorney consultation.

Oh ... also ... don't try to tell the court that you were in the back seat of her car because she was feeling ill ... come on. We were all teenagers once.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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