How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
14261217
Type Your Legal Question Here...
xavierjd is online now
A new question is answered every 9 seconds

I was stopped in va and had a breathalyzer and blew a .02.

Customer Question

I was stopped in va and had a breathalyzer and blew a .02. I am 16 1/2 and the police called my parents and had them drive me home and had to leave my vehicle. I was not cited and received nothing. Can they site me later for underage possession?
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Who is the owner of the vehicle?

Has the vehicle been release from impound?

Do you have any convictions for anything?

Thanks
Customer: replied 1 year ago.
Mother is the owner
The vehicle was left locked and picked up by my parents 15 minutes later after they brought me home. I have no other convictions and they did not cit or give me or my parents anything.
Expert:  xavierjd replied 1 year ago.
Hi Bruce,

Thanks for the information.

You are lucky that you were not arrested and that your parents were able to take the vehicle home.

Underage possession of alcohol is a Class 1 misdemeanor offense in Virginia, punishable by up to a year in jail, up to a $2500 fine, and suspension of your driver’s license. While many may think it’s a minor offense, it is a criminal charge. A criminal conviction of any severity may not be expunged from your record. It is a permanent criminal conviction you will carry for the rest of your life.

For a first offense, the court may defer further proceedings and place the accused on probation subject to conditions imposed by the court that may include license suspension or restrictions. When proceedings are deferred, the court must require the accused to enter a treatment or education program, or both, depending on what the court believes best suits the needs of the accused. If the accused abides by the conditions, the court will discharge the person from probation and dismiss charges without an adjudication of guilt (Code of Virginia § 4.1-305.F).

It is possible that you could still be charged with underage drinking. The police officer can still write you a citation. However, it is GREAT that the police allowed you to go home with your parents, AND that your parents were allowed to pick up the vehicle. The vehicle COULD have been impounded and it COULD have cost you/your parents a lot of money to get the car out of impound.

You/your parents may wish to contact an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the facts of your case, evaluate your options and decide how to proceed.

Below is a link to the Virginia Bar Association attorney referral page.

http://www.vsb.org/vlrs/index.php/public/vlrs/

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I know I was extremely lucky and I am on house arrest with my parents making me log ever time I leave for school and work and return home and setting the house alarm. Everyone I talked with said I could not be cited since they did not give me a citation at the time but a friend if mine said that I still could be. My dare officer said they could not cite me after the fact. Just looking for answers and we will be consulting a lawyer. The officer said that since I was honest with him he was not taking me in
Expert:  xavierjd replied 1 year ago.
Hi Bruce,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

I wish you ALL the best! From your post, it sounds like you may not be charged. It won't hurt to consult an attorney, even if it just puts your mind at ease. It sounds like because you were honest and respectful, you may have have gotten lucky! However, I'm sure that you have to deal with the fall out of having to have your parents pick you up from the police station because of your breathalyzer result!

Again, I wish you all the best!

Thanks again,

xavierjd

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
xavierjd
xavierjd
2360 Satisfied Customers
20+ yrs in criminal, landlord/tenant, family, & small claims