If anyone can answer these I'd appreciate it

What is the name of your state? Virginia

I posted a while ago about getting ticketed for underage possession of alcohol at a party. I have some questions that may be stupid but I was just wondering what their answers were. If I got ticketed for underage possession of alcohol does that mean that I was "arrested and released on a summons"? Also, I didn't have my drivers license on me when they were filling out my ticket. Someone had told me that if you don't have a license it is a requirement that they look up your information to verify that you are being truthful. I heard that this is a part of strict legal procedure, and that if it is not followed it is grounds for getting the ticket thrown out. I was ticketd by the Henrico County police if that information is needed to answer these questions. I was just wondering though, because I don't know much about getting in trouble and what cops are supposed to do since this is my first time getting in trouble. Thanks everyone!

baseball10 said:

What is the name of your state? Virginia

I posted a while ago about getting ticketed for underage possession of alcohol at a party. I have some questions that may be stupid but I was just wondering what their answers were. If I got ticketed for underage possession of alcohol does that mean that I was "arrested and released on a summons"? Also, I didn't have my drivers license on me when they were filling out my ticket. Someone had told me that if you don't have a license it is a requirement that they look up your information to verify that you are being truthful. I heard that this is a part of strict legal procedure, and that if it is not followed it is grounds for getting the ticket thrown out. I was ticketd by the Henrico County police if that information is needed to answer these questions. I was just wondering though, because I don't know much about getting in trouble and what cops are supposed to do since this is my first time getting in trouble. Thanks everyone!

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It is always more about what YOU are supposed to do (or not do) than any mistakes that the police might have made, especially those of a clerical nature. if you were ticketed, that does not mean that you were arrested, that usually involves handcuffs and a ride to a place you don't want to go. What is the statute that you are charged with? It should be on the ticket.

I assume by statute you mean the law section? If so, its hard to read becuase the carbon copy isn't very good. The only thing I can see is the numbers 4 1 305. I don't know if its 4.1.305 or 4-1-305. I'm sure this is probably common sense but I just don't know.

4.1-305 is what it looks to be actually.

Another question also...The cops didn't read us our rights or anything of that sort. I know if they don't interrogate you that isn't required. They were asking us questions though and basically prying for admissions of guilt. They were asking "were you drinking, how much did you drink, where did you get your alcohol" etc. Is this considered interrogating? And if they were asking these questions was I supposed to have had my rights read to me?

baseball10 said:

Another question also...The cops didn't read us our rights or anything of that sort. I know if they don't interrogate you that isn't required. They were asking us questions though and basically prying for admissions of guilt. They were asking "were you drinking, how much did you drink, where did you get your alcohol" etc. Is this considered interrogating? And if they were asking these questions was I supposed to have had my rights read to me?

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not unless you were being arrested. They can certainly ask you question without having "miranda'd" you. this isn't tv. You may simply refuse to answer.

Illegal possession, consumption or purchase of alcohol: not more than 12 months; mandatory minimum fine of $500, not to exceed more than $2,500 or mandatory minimum of 50 hours of community service; license suspension of not more than one year (Virginia Code Annotated at 4.1-305).

You may not have to worry about that driver's license for a while.

I don't know much about getting in trouble and what cops are supposed to do

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Don't you watch TV? Cops are supposed to catch bad guys,,,, that is, when they're not helping little old ladies cross the street.

§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs.


A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol.

C. Any person found guilty of a violation of this section shall be guilty of a Class 1 misdemeanor; and upon conviction, (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year. The court, in its discretion and upon a demonstration of hardship, may authorize any person convicted of a violation of this section the use of a restricted permit to operate a motor vehicle in accordance with the provisions of subsection D of § 16.1-278.9 or subsection E of § 18.2-271.1 or when referred to a local community-based probation program established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court may require a person issued a restricted permit under the provisions of this subsection to be (i) monitored by an alcohol safety action program, or (ii) supervised by a local community-based probation program established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol safety action program or local community-based probation program shall report to the court any violation of the terms of the restricted permit, the required alcohol safety action program monitoring or the local community-based probation and any condition related thereto or any failure to remain alcohol-free during the suspension period.

F. When any person who has not previously been convicted of underaged consumption, purchase or possession of alcoholic beverages in Virginia or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program shall be located in any of the judicial districts served by the community-based probation program or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, (ii) certified by the Commission on VASAP, or (iii) by a program made available through a community-based probation program established pursuant to § 9.1-174, if one has been established for the locality. When an offender is ordered to enter a local community-based probation program rather than the alcohol safety action program, the local community-based probation program shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.

Looks like if the court looks favorably you can get by with a deferred prosecution which may NOT necessarily end up with a license suspension. You will probably need a lawyer to negotiate with the Commonwealth's attorney on this one.