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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26743
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My 18 year old son was stopped by police at his VA University

Customer Question

My 18 year old son was stopped by police at his VA University for urination in public. The police asked if he had been drinking and he told them that he had 2 beers earlier in the night. They gave him a urination in Public and a possession of alcohol ticket. He did not have alcohol on him but the cop said he was in possession because it was in his body. They did not give him a breathalyzer or any sobriety tests. Do we have a case on the possession charge?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

Underaged drinking is a zero tolerance crime. It does not require a breathalyzer or sobriety test. In fact. If he were standing around holding an unopened can of beer, he could be charged with and convicted of an underaged possessory offense.

If you want to go to trial on the possession case and can get the statement thrown out after a suppression hearing as violative of his Constitutional rights, then yes, he can beat the possession. Otherwise, as no doubt you have heard, anything he has said can be used against him, and certainly will. The statement is an admission of guilt.

Urinating in public is a misdemeanor in Virginia, however, Virginia is not one of a dozen or so states that considers this a sex offense.

Get your son a lawyer so that he comes out of this without a record. He'd likely be able to get him a diversion disposition -- a special form of probation whereby after some fines, community service, and a brief period of time on probation he'd essentially have worked off his conviction and can get it dismissed so it won't compromise his future plans.

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