So About a week ago i was going out to party with my friends,at this house that was under construction. I was outside with my buddy when we noticed a cop drive by, we told every 1 and ran for it. About 10 min latter me and my friend were walking down the street in the same neighborhood walking to our friends house (safe house) when 3 cop cars came flying up the street and blocked us in. The cop asked us if we were drinking and we denied it. We asked him what was the problem and he told us he was investigating a burglary. He again asked us if we were drinking anything because we smelled like alcohol, we denied it again when he brought out a breathalyser and told us to prove it. Im 17 and my friend is 18. I i thought we had the right to refuse a breathalyser basied on the fact we were just walking and because he was investigating a burglary which is irrelevant to his case. Little did i know he put cuffs on the both of us. Taking my friend to jail without reading him his rights and charging him with Being drunk in public. I on the other hand was held in the back of a cruiser for over an hour. Cuffed behind my back. My parents came to pick me up and i was charged with Underage possession of alcohol.

My Question is - Is this all legal, and why was i charged with Underage possession if i had none on me?

In fairfax county,you have no rights. Drunk in public is the cops word against yours....So you screwed up and made a bad decision. It's not a big deal, accept responsibility for what you did, and move on..... Just remember..you cashed in your "free ticket"...don't be stupid twice. Your not the first kid to do this and you won't be the last.

Mike Wrote:
-------------------------------------------------------
>
> My Question is - Is this all legal, and why was i
> charged with Underage possession if i had none on
> me?

Dear drunkard / unlawful enterer:

Your body itself can act as a container.

My question to you - is it legal for you to enter a home under construction (read: not your property) and have a "party?"

The answer is NO. Bright idea though posting your entire experience online. If the police didn't know who illegally entered the home then, I'll bet they can figure it out now. Good job!

§ 18.2-121. Entering property of another for purpose of damaging it, etc.

It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.

Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or national origin of the owner, user or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

They were aware we were on the property but dropped those charges, i was more asking about if they have the right to Breathalyze us just for walking down the street. And would them saying they smelled like alcohol hold up in court. I wasnt drinking for the record it was all a misunderstanding

If a pig tells you to do something, you do it. Or else they'll get their panties in a knot and pout.

You should have been beaten silly with a night stick you little shit...

FTP FOR LIFE. BACON TASTES YUMMYYYYY

If they have probable cause, then yes, they can ask you to take a breathalyzer. If you're walking down the street in the middle of the night being loud after dark, smelling of alcohol (even if just on clothes and not in body), slurring your speech, walking erratically, etc., that's enough to meet the test. It doesn't matter if he was investigating a burglary. He could've said, I was on my way to pick up your Mom, and it wouldn't have mattered. Hypothetical: An officer witnesses a man shoot another as he has someone pulled over for speeding. Does this give the officer the right to not detain the shooter? -§

myahhh Wrote:
-------------------------------------------------------
> FTP FOR LIFE.


i prefer SSH.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

Not sure. Seems like being made to blow into the breathalyzer would be a direct violation of the 5th admendment.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

That's for refusal to testify in court. This is more probable cause and exercise in officer's discretion. -§

And by the way, Nelly wins the Celebrity Apprentice - if you watch it in Fairfax County.

in the state of virginia you can NEVER be force to take a field breath test for alchohol.

the only test you MUST take in virginia is if you are arrested for DUI/DWI. you will be offered the field breath test, which under VA statue the officer must offer to you. you may REFUSE the field test.

once you get to the hospital or the jail however you MUST conseent to chemical testing of your breath and/or blood under the Virginia Implied Consent Law.

again...you can NEVER be forced to take a field breath test in the state of virginia.

and before anyone says anything different you had better have a State of Virginia Code Section to back it up.

That is all well and good, but what does it have to do with the fact that Nelly wins the Celebrity Apprentice competition?

If you refuse to blow you are automatically guilty in the eyes of most judges. Make no bones about it, the police want you to refuse to blow because it will be an easy conviction.

I had a cop try to talk me into refusing to blow and he got very angry with me when I insisted I blow. You should have heard the lies he told me including I would only lose my license for 30 days but I could drive to and from work, and It wont effect my car insurance, etc. I blew and was not even near the limit.

Cops love it when you refuse to blow; they charge you with everything under the sun because they know it is an easy conviction.

They can't prove shit, this forum can't be used as evidence either, Try figuring out
who I am ? I am bouncing thru hundreds of proxy servers, so my IP can't be traced and my user name is anon.

now for the question.

You can beat all these charges with a lawyer, question is? are you willing to pay 1,000 dollars to beat a DIP or possession of alcohol?

BTW - Because you are underage you will be attending ASAP after judge convicts you, $350, and next 10 weeks your are on lockdown.

Read: THE TEST

http://www.dui.com/virginia

Found another one:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-268.2



Edited 1 time(s). Last edit at 01/16/2008 01:33PM by Tia2.

That is driving related you dumb bitch. He was walking, case closed he is underage, your fucked.

We saw some chick get busted for DUI last night near mason in a red pick up . Can't stand George Mason Police, they are overan with 18 year old cadets that pull people over for dumb shit. I have seen some girl a while back ago driving a George Mason police car with her hand stuck out of the window smoking a cigarette.

Mike

In VA your body is considered a container. If you are underage the officer has the choice of charging you with DIP, Underage Possession of Alcohol or both. Which high school do you attend? You may have an Alcohol and Drug counselor in your school. Speak with this person about your situation. He or she will be able to give you some good information about what to do.

Slammerv

Request to have the evidence suppressed because it violated your 4th amendment right. Unless of course, you gave it up. It's typically done with a "You don't mind if we search your car/house/you, do you" question which you say "no go ahead!" to....that's a mistake.

Cops are not your friends. They have a job to do and so do you. Bring a lawyer.

I usually get charged for my alcohol..... what's the big deal?

the funny thing is... i know who the guy "mike" is up top ... that's not his name.. i was there that night. and didn't get caught but saw them being cuffed. this is funny as shit.. cuz the more i read.. the more it sounded exactly the SAME as what happened that night.. and when i finished reading this... it was the exact same.. down to every detail. i'm not going to disclose his name for the sake of him being arrested.

FUNdamental Wrote:
-------------------------------------------------------
> If you refuse to blow you are automatically guilty
> in the eyes of most judges. Make no bones about
> it, the police want you to refuse to blow because
> it will be an easy conviction.

Sounds like guilty until proven innocent to me..

Catch22 Wrote:
-------------------------------------------------------
> They can't prove shit, this forum can't be used as
> evidence either, Try figuring out
> who I am ? I am bouncing thru hundreds of proxy
> servers, so my IP can't be traced and my user name
> is anon.

Okay, i highly doubt fairfax county is going to bust out their best computer geeks to find you, all for some kid with beer.

A lot of kids get busted for beer when they are young, don't stress about it, just do the shit, and in a couple of years it will all be behind you.

Just don't become a repeat offender.

Mike D... stop posting stuff where the cops can read it

Adam Wrote:
-------------------------------------------------------
> FUNdamental Wrote:
> --------------------------------------------------
> -----
> > If you refuse to blow you are automatically
> guilty
> > in the eyes of most judges. Make no bones
> about
> > it, the police want you to refuse to blow
> because
> > it will be an easy conviction.
>
> Sounds like guilty until proven innocent to me..

Not any more:

http://www.fairfaxunderground.com/forum/read/2/73678.html



Edited 1 time(s). Last edit at 02/04/2008 04:23PM by Tia2.

While I embrace your quest for information, I must let you know that you are too, a moron.

1. If you are undr 18, your can be charged for posession by consumption (no you dont have to have booze with you, just be under the influence).

2. Real life is not like the movies, go read the Miranda case - poe-poe dont have to read rights unless they are posing potentially incriminating questions to a person who is not free to leave.

Go kill yourself moron. And drink at your own house next time.

Just to update, i went to court with my lawyer they dropped it to a drunk in public, i got off with 25 hours of community service and it will be dropped in 6 months. Thanks for your help

s



Edited 2 time(s). Last edit at 06/01/2010 11:01PM by inkahootz.

Mike Wrote:
-------------------------------------------------------
> So About a week ago i was going out to party with
> my friends,at this house that was under
> construction. I was outside with my buddy when we
> noticed a cop drive by, we told every 1 and ran
> for it. About 10 min latter me and my friend were
> walking down the street in the same neighborhood
> walking to our friends house (safe house) when 3
> cop cars came flying up the street and blocked us
> in. The cop asked us if we were drinking and we
> denied it. We asked him what was the problem and
> he told us he was investigating a burglary. He
> again asked us if we were drinking anything
> because we smelled like alcohol, we denied it
> again when he brought out a breathalyser and told
> us to prove it. Im 17 and my friend is 18. I i
> thought we had the right to refuse a breathalyser
> basied on the fact we were just walking and
> because he was investigating a burglary which is
> irrelevant to his case. Little did i know he put
> cuffs on the both of us. Taking my friend to jail
> without reading him his rights and charging him
> with Being drunk in public. I on the other hand
> was held in the back of a cruiser for over an
> hour. Cuffed behind my back. My parents came to
> pick me up and i was charged with Underage
> possession of alcohol.
>
> My Question is - Is this all legal, and why was i
> charged with Underage possession if i had none on
> me?

Hello,
Young people aged 16 or 17 can drink beer, wine or cider with a meal if it is bought by an adult and they are accompanied by an adult. It is illegal for this age group to drink spirits in pubs even with a meal. It is illegal for people under 18 to buy alcohol in a pub, off-licence, shop or elsewhere.
Futher for any advice you can consult here .
https://www.adaptiveskills.com/

What the fuck are talking about nigger? That's all illegal shit.

And the OP is a fake with shitstained underwear.

 

> My Question is - Is this all legal, and why was i charged with Underage possession if i had none on me?

#1 simply having it on your breath? no, not if adult were supervising you

#2 lying to the police is illegal, blowing smoke up their ass, refusing to say who you are and what your doing ?

ALWAYS ILLEGAL

it will get you a charge even if there's no charge to charge. you shouldn't have lied.

Because this is fairfax! Wrote:
-------------------------------------------------------
> In fairfax county,you have no rights. Drunk in
> public is the cops word against yours....So you
> screwed up and made a bad decision. It's not a big
> deal, accept responsibility for what you did, and
> move on..... Just remember..you cashed in your
> "free ticket"...don't be stupid twice. Your not
> the first kid to do this and you won't be the
> last.

READ THE STORY. OP WAS NOT CHARGED WITH THAT.

oopps! Wrote:
-------------------------------------------------------
> Mike Wrote:
> --------------------------------------------------
> -----
> >
> > My Question is - Is this all legal, and why was
> i
> > charged with Underage possession if i had none
> on
> > me?
>
> Dear drunkard / unlawful enterer:
>
> Your body itself can act as a container.
>
> My question to you - is it legal for you to enter
> a home under construction (read: not your
> property) and have a "party?"
>
> The answer is NO. Bright idea though posting your
> entire experience online. If the police didn't
> know who illegally entered the home then, I'll bet
> they can figure it out now. Good job!
>
> § 18.2-121. Entering property of another for
> purpose of damaging it, etc.
>
> It shall be unlawful for any person to enter the
> land, dwelling, outhouse or any other building of
> another for the purpose of damaging such property
> or any of the contents thereof or in any manner
> to interfere with the rights of the owner,
> user or the occupant thereof to use such property
> free from interference.
>
> Any person violating the provisions of this
> section shall be guilty of a Class 1 misdemeanor.
> However, if a person intentionally selects the
> property entered because of the race, religious
> conviction, color or national origin of the owner,
> user or occupant of the property, the person shall
> be guilty of a Class 6 felony, and the penalty
> upon conviction shall include a term of
> confinement of at least six months, 30 days of
> which shall be a mandatory minimum term of
> confinement.


AND THE REASON FOR THAT LAW IS THE UN-AVOIDABLE FACT THAT CONSTRUCTION SITES THAT ARE VACANT ARE FATAL ATTRACTION FOR YOUNG BOYS


DUH

the fact is it's a "scoff law", an civil law HOWEVER

today's idiots will call it criminal law

there's nothign you can do with idiots with power except piss on their government signs in public

CONGRADULATIONS !

you've found the underground - the best place, globally, to seek quick legal news and advice to avoid a bad legal spanking !