Legal Question in Criminal Law in Virginia

Underage Drinking

My son is 20 and had a party at his college apt. Lots of kids and someone was yelling over the balcony at someone else below. Don't know what they were arguing about. The cops were called and they collected everyones IDs and told them to leave. My son and his roommate were told that although they weren't the violators, they had to issue a ticket to someone because they were the residents. They were not given a breathalizer and he (my son) said that although he had been drinking, he wasn't drunk. The ticket gives a courtdate.

My question is ''what are the ramifications of this when 1) he wasn't given a breathilizer to show he was drunk 2) or that he was even drinking and 3) that he even admitted to drinking? Thanks for any feedback and how maybe we should proceed.

Rich


Asked on 4/08/09, 3:41 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Underage Drinking

If your son and his roommate were the resident occupants of the apartment where the illegal activity occurred and were found at the scene when the cops arrived, that's probably enough to convict them of this Class 1 misdemeanor found at Sec. 4.1-305 of the Code of Virginia.

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Answered on 4/08/09, 7:59 pm


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