Legal Question in Criminal Law in Virginia

Possession by consumption

My college follows state law regarding alcohol. My RA came in the day after I had been out drinking off-campus, and she told me that she was writing me up for drinking. I did admit to drinking the night before, because she pressured me into it...she told me if I didn't admit it, then I would be in even more trouble. I just don't think she had any proof that I was drinking, because of the fact that she waited until the next day to write me up. As part of my arguement, I have a question about the state law. HOW ARE YOU FOUND GUILTY OF POSSESSION BY CONSUMPTION??? DO YOU HAVE TO GIVE A BREATHELIZER? Thanks for any help that I might get on this.


Asked on 11/29/05, 3:47 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Possession by consumption

No, your confession to the consumption should be quite sufficient for conviction on a minor in possession charge by way of consumption. Or, alternatively, if an officer were to have witnessed you consuming or even, perhaps, having detected the odor of alcohol on or about your person without actually observing your imbibing,--these types of evidence could also be used against you to secure a conviction.

Nevertheless, notwithstanding all of the foregoing(as lawyers are wont to say),if your confession was coerced or extracted under duress by the person authorized to monitor your dorm, you should certainly be able to use this fact to good avail in your defense.

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Answered on 11/29/05, 5:02 pm


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