Illegal Possession Of Alcohl**************..

[goodkid]

Virginia.

What is enough to be charged with illegal possession of alcohol.

I had to go to court for this and was charged, but the judge said that "alcohol in my body" counts as illegal possession.

I would have thought that, that was under the influence of alcohol?

Anyway it was all a bunch of BS and I dont think they did it right. Does this go against my rights?

Im just wondering. Its over now, and it was a whole lot of useless trouble. I didnt even have alcohol in my possession but I was with others who did at the time.

 

[Proserpina]

Virginia.

What is enough to be charged with illegal possession of alcohol.

I had to go to court for this and was charged, but the judge said that "alcohol in my body" counts as illegal possession.

I would have thought that, that was under the influence of alcohol?

Anyway it was all a bunch of BS and I dont think they did it right. Does this go against my rights?

Im just wondering. Its over now, and it was a whole lot of useless trouble. I didnt even have alcohol in my possession but I was with others who did at the time.

How old are you?

And what exactly happened?

 

[goodkid]

How old are you?

And what exactly happened?

I was 18 at the time. We were sitting on the beach and my friends had alcohol sitting around and were drinking and two cops came up on horses and cited the three of us that were over 18 and didnt do anything to the 17 yr old.

 

[I_Got_Banned]

I had to go to court for this and was charged, but the judge said that "alcohol in my body" counts as illegal possession. :confused

What code section were you charged with?

I would have thought that, that was under the influence of alcohol?

Well, they could have charged you with that as well... Or with public intoxication/disorderly conduct (depending on the language of the statutes in your state).

 

[LizzieB]

How did they determine you had alcohol in your system?

I'm sure the police report said something like, "Suspect's eyes were glossy and bloodshot and breath smelled of alcohol."

Did they see you take a sip? Did they witness you with an open container which would give them probable cause? Based on your post, it appears they did not.

Rule #1: Do not talk to the police.

Line #1- "I would like to remain silent. I would like to have an attorney present during any questioning." Then SHUT UP.

Line #2- "Officer, I do not consent to any searches." (and that would be bodily or otherwise.)

The police are not your friend! They will lie and CAN lie, legally.

It happened. Your demeanor and actions likely "allowed" them to legally violate your 4th amendment rights.

Live and learn. Take what happened as a lesson learned and move forward. We all make mistakes at 18, just don't keep making the same ones.