Alcohol & Drugs: MIP, MIC, Intoxication Consumption of Alcohol by an Underage Person

[richmondsucks]

I was recently at a concert in downtown Richmond. After the concert, I headed back to the parking deck to meet up wtih my ride. A girl that rode in the same car walked with me and had the keys, unlocked the car when we got to it. I opened up the tailgate to sit down and wait for the rest of my groupd and there were a bunch of empty and half-empty cans and bottles which i had to push aside to sit down. About 5 minutes later, an undercover walked up to me and told me to pour out the beer that was next to me. I proceeded to do so, after which the officer asked me for my ID. I showed him my ID and he immediately, without question, started filling out a summons. He wrote me up for Consumption of Alcohol by an Underage Person. I was never breathalized, nor did I ever say I had been drinking. I know I'm innocent but I also know how judges will believe cops over eighteen year-olds any day. Can anyone give me some advice on how I can fight this?

 

[CdwJava]

What state is this? I know of at least two that have a Richmond in them (California and Virginia).

And, what section were you cited for?

Soooo ... why were there all those booze bottles and cans in and around the car? Are you saying that you had not been drinking when apparently everyone else in your party had been doing so earlier?

- Carl

 

[richmondsucks]

This was in Richmond, Virginia. The people I was with are friends of my brother, all but one are at least 21. They had been drinking at the tailgate before the concert. I had not been drinking the entire night.

 

[CdwJava]

You will likely have to present your argument and hope that the officers did not smell the odor of alcohol on your person when they contacted you. If you are really lucky, you were cited for a section about consumption and not possession.

What code section were you cited for?

- Carl

 

[richmondsucks]

The law section is 4.1-305

 

[CdwJava]

It seems you may be toast so long as any of those containers had any alcohol in them. The section you were cited for involves possession by a person under 21, NOT consumption.

§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services.

A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol.

You can find the full section HERE

- Carl

 

[richmondsucks]

thats strange because on the summons it has that law section right next to the name of the charge, "Consumption of Alcohol by an Underage Person". Legally its no different than being at a tailgate with a group of adults, is it? However, I believe that situation would have turned out much different. The fact is, I was the closest one to the officer when he approached the vehicle and he asked me to pour out a bottle. I don't understand how this can possibly justify the charge.

 

[CdwJava]

It does not matter what the officer wrote for the description, it only matters what the elements of the offense are in the code section. He could have written, "Excessive good times" and it still would only concern the elements in the code section.

Unfortunately, you were there, you were near the open alcohol, and you got caught. You can certainly try to make the argument, but you were - technically - in constructive control (aka 'possession') of the alcohol.

- Carl

 

[richmondsucks]

Thanks for the help. On another note, I just discoverd that I'm supposed to be on vacation with my family on the set court date. Is that a valid reason to get a continuance?

 

[CdwJava]

Whether that is valid will depend on the court. Call them and make the request.

- Carl