Underage Drinking Underage Possession Of Alcohol Law Statutes
Underage Drinking/Underage Possession Of Alcohol
Virginia Penal § 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty.
A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.
Virginia Orange County Reckless Driving Involuntary Manslaughter Criminal Negligence Lawyers Attorneys
Defendant’s conviction was reversed because involuntary manslaughter arising from the operation of a motor vehicle should be predicated solely upon criminal negligence proximately causing death.
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Virginia Rockingham County Reckless Driving Momentary Lapse Operating Motor Vehicle Lawyers Attorneys
The conduct of defendant went far beyond any momentary lapse in judgment or impulsive inadvertence; the trial court was justified in concluding that defendant was guilty of the crime of operating a motor vehicle recklessly.
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Under the Blockburger test and absent legislative history, manslaughter in the second degree and reckless driving were not the same offense, and manslaughter with a motor vehicle the same offense for double jeopardy purposes.
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Defendant’s convictions for driving a motor vehicle on a suspended license and driving under the influence of alcohol were affirmed on appeal, where defendant failed to make a constitutional argument to the trial court.
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