Legal Question in Criminal Law in Virginia

Underage Drinking/Public Intoxication

I am 19 years old and went to a horse race where students go to drink and have a good time. I did not drink on the premises. I was lying down in the sun with a bottle of water in my hand when an officer picked me up and accused me of being passed out. He then made me do a breathalizer, it came back 0.12. I was fully functional, cognizant, and cooperative the entire time and stressed that I had not been passed out (he could easily see that from my behavior). It was shabbat and I stressed that I had been drinking before I arrived for religious purposes. I was not causing any public disturbance and was not in possession of alcohol. Can I fight the underage drinking charge on religious grounds, and can I fight the public intoxication charge on the grounds that I was simply lying down not causing any trouble? Thanks.


Asked on 5/01/06, 6:16 pm

4 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Underage Drinking/Public Intoxication

It seems like you have a rather good case. However, I cannot fully determine your chances without speaking with you and going into more detail. However, you should definitely have an attorney with you in court to ensure that all your rights are protected.

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Answered on 5/02/06, 4:29 pm
Valerie Masters Valerie Masters, P.A.

Re: Underage Drinking/Public Intoxication

It is illegal for a minor to have a blood alcohol above .08 in most states. You can say it was the wine in temple, but it would take a lot of wine to get to .12.

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Answered on 5/02/06, 6:06 pm
Charles Homiller Jimison/Homiller, PLC

Re: Underage Drinking/Public Intoxication

You may have a challenge to the public intoxication charge based on a lack of reasonable suspicion, though if you consented to the preliminary breath test, that does damage your case. As for the religious argument against underage possession of alcohol, it would probably be a hard sell. You would have to demonstrate that your religion sanctions drinking alcohol for a specific religious purpose. Not to mention that your preliminary BAC suggests that it was more than a glass of wine.

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Answered on 5/01/06, 10:30 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Underage Drinking/Public Intoxication

Dude. You must of drank a helluva lot of Manichewitz.

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Answered on 5/01/06, 11:09 pm


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