Legal Question in Criminal Law in Virginia

code 4.1.305

My son had a passenger in his truck with an open beer can. He has to go to court. What can we expect? Does he need an attorney present?


Asked on 5/08/07, 9:50 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: code 4.1.305

Violation of Va. Code Sec. 4.1-305 is considered a Class 1 misdemeanor(minor in possession) with a penalty upon conviction requiring the payment of a mandatory fine of $500 or completion of 50 hours of community service. A person age 18 or older who's case is adjudicated under this statute may also have his or her license to drive suspended for six months to a year. Subsection (F) also allows for a suspension of adjudication of guilt and deferred findings with eventual discharge and dismissal(meaning no record of a conviction) for the person who completes his or her probation sucessfully.

If your son is represented by counsel he will more likely obtain a more favorable disposition of his case than he otherwise might if he is not so represented.

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Answered on 5/08/07, 3:16 pm


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