Legal Question in Criminal Law in Virginia

possesion of alcohol under 21 yoa

my 18 yr old has 2 tickets for possession of alcohol (5 days apart) There were circumstances that happened at home and he was staying at a hotel at the time this happened. He is now living in NY (where we are from) He does not want to come back to VA. He has no criminal record and has only his driver's permit. Does he have to appear? And what will happen about getting his lisence?


Asked on 1/31/08, 10:45 am

1 Answer from Attorneys
Benjamin Hamlet Kozak & Hamet, P.C.

Re: possesion of alcohol under 21 yoa

He is charged with a class 1 misdemeanor, so he will have to appear in court because the charge carries a possible jail sentence. However, he is eligible for first offender for underage possession of alcohol pursuant to the code section. He could possibly avoid coming back to Virginia if the Court or Commonwealth Attorney waives jail time and tries him in his absence. Then the most likely outcome would be a finding of guilt, a driver's license suspension, and a $500 fine.

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Answered on 1/31/08, 1:11 pm


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