Louisa, VA asked in Criminal Law for Virginia

Q: Can I be charged with underage possession of alcohol if I’m 21 in the state of Virginia

I might violate probation which I’m on for underage possession when I was 20 but now I’m 21 and go to court to get off probation tomorrow but might not pass the drug test in the morning cause I smoked to celebrate my last drug test and didn’t know they would test again before I go to court

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1 Lawyer Answer
Daniel P Leavitt
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Answered
  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: I think what you are asking is whether you can get convicted for a charge of underage possession (now that you are 21), which was originally brought when you were under 21. If that is correct, then yes you can because the violation occurred when you were underage and it was illegal for you to purchase or possess alcohol. Turning 21 doesn't rectify a valid charge if you illegally possessed alcohol when you were underage. That would be like saying if you get a speeding ticket for driving 80 mph in a 70 it should be dismissed because after you got the ticket you drove 70 mph in a 70. Hopefully they don't violate you. Good luck.

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