Legal Question in DUI Law in Virginia

My son is 19 and was our of gas on side of road. Empty beer cans and a couple of unopened beer cans ere in the back of the truck. They have been in the back of the truck with a lot of other junk. Police say them and gave him underage possesion ticket. Does he need a lawyer. He did not have them in his possession. They were in the bed of the truck. This was a Sunday evening. He didn't even know they were back there. We believe they were left over from his sisters wedding reception when he did a dump run.


Asked on 2/26/11, 2:36 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Unfortunately, the prosecutor could probably argue that

your son had what the law calls "constructive possession", i.e., sufficient

proximity to the beer to exercise dominion or control over it.

All the more reason for your son to have an attorney representing him who

could argue otherwise.

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Answered on 2/26/11, 2:51 pm

Since your son isn't a juvenile, this conviction would stay on his record. This could affect future employment, university admissions, and any security clearances he might need. You want to make sure you fight this in court. Feel free to call me at 703.870.6868 for a complimentary consultation.

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Answered on 2/26/11, 7:53 pm


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