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searched for it on here but didn't see anything....no breathalyzer taken, just admission of guilt with obvious possession...just asking what I should expect at court...do I need to lawyer up for this? Just looking for advice, thanks.
Re: my 19y.o. caught an underage drinking citation
Posted by:
Get a lawyer you will be glad
()
Date: April 26, 2015 10:22AM
Sorry about your run in with the law. In Europe young adults 16-18 are allowed to drink. When I was that age in the US the age was 18. You had to really piss off a cop to get a citation in those days - it was rare. Most started drinking by 16-17 yrs. We were still semi-post Vietnam and there is no way authorities were lighting that powder keg and raising the age. The United States is one of only four developed countries in the world that has a nationwide drinking age of over 18.
"Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):
private residence
AND spouse
OR ELSE parent/guardian
Notes:
POSSESSION: Virginia law provides for two separate family exceptions. First, Virginia permits persons under twenty-one to possess alcoholic beverages due to such person's "making a delivery of alcoholic beverages by order of his parent." APIS interprets the phrase “by order of his parent” as providing for parental consent. Va. Code Ann. § 4.1-305. Second, Virginia permits underage possession when an alcoholic beverage is provided to an underage guest in a private residence and the underage guest is "accompanied by a parent, guardian, or spouse who is twenty-one years of age or older." Va. Code Ann. §§ 4.1-305, 4.1-200. The second exception is limited to specific locations, but the first one is not. Because at least one of these exceptions is not conditioned on a specific location, APIS codes the Parent/Guardian exception with a check mark rather than a plus sign.
I would make the investment in a lawyer and be aggressive in dealing with this. I know the path of least resistance and cost is to take the punishment but make sure this does not go on your record as that will cost you a huge amount in earnings over your lifetime. Fight it now. Get a lawyer you will be glad for the next 65 years of your life that you did.
Re: my 19y.o. caught an underage drinking citation
Posted by:
4.1-305
()
Date: April 26, 2015 02:49PM
if you don't have an attorney your kid will get 25 hours of community service and the case will be dismissed. If you hire an attorney your kid will get 25 hours of community service and the case will be dismissed plus you have to pay whatever the attorney charges. Your choice.
FIGHT THE CASE WITH A COURT APPOINTED LAWYER U MUST DO UR OWN RESEARCH HE WOUNT DO SHYTFOR U JUST LOOK GOOD STANDING NEXT TO U WHILE THE COURT GIVES U THE PARENT OF.. THE... YEAR AWARD . NOW LISTEN PAY EXTRA ATTENTION COURT APPOINTED LAWYERS DONT TELL THAT LAYWERS TO MUCH DETAILS JUST A SIMPLE WE ARE INOCENTE SHE WASNT DRUNK NOTHING INN. HER SYSTEM DONT TELL THE LAWYER SHE WAS DRINKING AND DIDNT DO THE BREATHALIZER THAT LAWYER WILL SNITCH ON U PLAY Ur CARDS RIGHT U JUST NEED HIM BY UR SIDE ASK IF U CAN TALK/say SUMTHING TO THE JUDGE BRING UP WERES THE PROOF SHE WASNT BREATHALIZED AND BRING UP THE FACT THAT U R WHITE AND USE THE WORD OBSERVE SAY I WOULDWOULD NEVER LET MY CHILD DO SUCH A THING ... THEN SAY I DEMAND THIS BE THROWN OUT ... IF U FOLLOW THIS DIRECTIONS IT WILL WORK , IF IT DONT I KNOW IT WILL IF IT DOSNT TELL THEM U WILL GET A REAL LAWYER AND COUNTER SEW IT WILL RUN YOU ABOUT 2000 maybe ... FYI A COURT APPIONTED LAWYER IS ON THE SAID OF THE POLICE ABOUT 88% OF THE TIME KEEP THAT IN MIND
Edited 3 time(s). Last edit at 04/26/2015 04:02PM by whydopeoplesmokeidontgetit.
Re: my 19y.o. caught an underage drinking citation
Posted by:
mark j
()
Date: April 26, 2015 06:19PM
stupid kid...let him pay the consequence...why are you bailing him/her out?
I bet your kid doesn't take responsibility for anything you helicopter parent.
loser
Re: my 19y.o. caught an underage drinking citation
Posted by:
vFFYw
()
Date: April 26, 2015 07:18PM
don't listen to fucking democrats and their facists new laws
it was legal for a adult to allow a minor to drink (not to be an alcoholic maybe) in the 80's even 90's
your looking at a "zero tolerance" law which is total bullshit
for example the french would regularly give minors wine at meals - no "ticket"
FACTs:
1) was anyone harmed as a result of the action the boy/girl took ?
2) was your minor infact harmed by too much alcohol ?
(ie, missing school, required hospitalization, or attending AA meetings?)
(in the 1980's, the answer was yes on all three from some
boys working constrction during High School)
2) did your minor obtain and use the alcohol without permission ?
3) when did the government get permission to make "always and never" edicts ?
(which, most ostensibly: defame your record with a crime and demand money?)
4) what was the alcohol level witnessed by the officer ?
It is not illegal for a minor to carry alcohol per say. Let's say a car has groceries including wine. kid takes car. is a law broken? obviously not
the answer to all of that in the 1980's was: it didn't happen
in the 1980's ... people hated over-reaching government AND ALSO were in power and position to stop such a government.
but ...
kids (and rarely parents) had parties that were broken up if alcohol was involved and parents were not present
parents (or stores selling to minors) could be charged with giving alcohol to SOMEONE ELSE'S children without permission (and in the store's case, for profit)
HOWEVER - it wasn't illegal if all parents were consenting and no minors were injured (ie, not missing school, not attending AA, etc)
we all know now that during adolence alcohol with stunt growth and cause birth defects. also that minors tend to be injured more than adults while drinking.
obviously a consensus is that no one have a drop until fully grown.
However that's an edict and is not Constitutional to do.
and EDICT is always used to attack citizens, edicts are rarely used to help the public
Re: my 19y.o. caught an underage drinking citation
Posted by:
tons o fun
()
Date: April 26, 2015 07:23PM
Ah, Man...sounds like you had a great deal of fun when you were 19-20 years old...when all the cool kids were out drinking and carousing, I guess you were sitting around reading, and showing "responsibility"?
I'm not sure one needs to be a helicopter parent to want to help their kid out of this one, realizing drinking at that age is something many kids do, however, it just takes an unlucky turn sometimes to get caught, and sometimes the penalty far outweighs and outlasts the "crime".
Is it possible that sometimes there are those 19 and 20 years who aren't out drinking and having fun, some might call them "responsible", others maybe might call them dorks?
Re: my 19y.o. caught an underage drinking citation
Posted by:
TebPP
()
Date: April 26, 2015 07:38PM
APIS codes the Parent/Guardian exception with a check mark rather than a plus sign
--------------------------
APIS is not the law and their authority has not been chaleneged in court.
check marks are formulaic, and formula are usually not permitted by judges (becaues, like microsoft software: they are full of bugs and misrepresentations)
logic exclusions, especial the kind which lead nowhere (note the conclusion of thei r formula did not change a thing), are not allowed in court
what is not allowed in law or civilly: is to have gov workers getting paid to flatulate in code books
Re: my 19y.o. caught an underage drinking citation
Posted by:
PvGtN
()
Date: April 26, 2015 07:40PM
one reason is the uselessness, time, confusion, and getting nowhere or even doing damage to Fair and Honest, the whole truth and nothing except the truth, legal interpretation
the main reason is: MONEY
one factor of law is that flatulating in courtrooms and in lawbooks is expensive and NOT ALLOWED on a tax money bill