Should I plead not guilty to underage possession of alcohol?

Asked over 2 years ago - Harrisonburg, VA

I was stopped in the street because a friend was messing with a street sign. I was neither breathalyzed nor visibly had an alcoholic beverage in my possession but the officer said he could smell alcohol on my breath and issued me a summons for underage possession of alcohol. While talking to him i did admit to having two beers earlier in the night however.

Attorney answers (4)

  1. Carly Anne Jehlen

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The Commonwealth is going to have some serious problems in proving that case, so I would recommend pleading not guilty and getting local counsel to assist you. You did not take a PBT, it does not sound like they can say where you were drinking, for how long, and how long it had been.

  2. Erin L. T. Ranney

    Contributor Level 9

    Answered . Because you admitted to consumption that will probably be enough for you to be found guilty. There are "first offender" type programs in Virginia. An attorney that practices in the area wherey ou received the citation can assist you with that. Please see:
    http://leg1.state.va.us/cgi-bin/legp504.exe?000...

    This response is general in nature and is not legal advice. No attorney client relationship is formed by it.
  3. Robert C. LeBrasseur

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Why not try to obtain an alternative program that avoids a conviction? I would explore this option before agreeing to plea guilty. Get a criminal defense attorney to help you.

    My response to your question is a generic response and should not be construed as controlling to your case. I can... more
  4. Benjamin J Lieberman

    Contributor Level 20

    Answered . Plead not guilty and get an attorney to assist you. Don’t say or do anything without an attorney.

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