Rep Power: 267

Ok, So I've got a possession of alcohol(misdemeanor) charge on my record. Someone please explain why this is keeping insurance companies from touching my policy(voluntarily). The charge was not vehicle related at all, in fact I was in my buddy's back yard smoking a cigarette when the cops showed up, yet somehow this is showing up on my MVR.

 
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You had your keys on your pocket? or in youir posession? Thats why

 
Rep Power: 267

Nope, keys were in the house in another pair of pants. All I had on me was a pack of smokes. I had been drinking though. Regardless, I was not in on or near a vehicle didn't have any alcohol on me. This makes no sense to me.

 
Rep Power: 267

Oh, and did I mention that in Va, it is not illegal to consume alcohol under the age of 21. It is only illegal to purchase or be in possession of alcohol. So technically I could have fought this.

 
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Fight it, cuz if your keys were not on you, the MVD should have nothing at all to do with it. And if it is legal to consume, but not purchase or posses it, definately fight it. Were there other people who were drinking around you? Cuz that would probably give them reason to say in your posession, even though it sucks. Good luck with all this, sounds like BS to me. Do you have a decent lawyer?

 
Rep Power: 267

Well, unfortunately the time for fighting is long overdue. This happened back in October of 03. I'm just trying to find out what the deal was with the insurance.

 
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call the dmv and see why it was entered like that, and go get a copy of the citation and take it to insurance companies or to the dmv so they can remove it.

Injen

 
Rep Power: 267

I've called the DMV, they say that it is entered as "possession of alcohol under 21." In fact i'm at +5 points on my license, which I'm told is good. None of this makes any sense. Thanks for the advice though Injen.

 
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yeah, that needs to be removed. Thats a BS violation. Fight it for real, its not too late. Get that off.

 
Rep Power: 267

Can I get a copy of it if I call the county clerks office?

 
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You can get a printout if you go down to the courthouse of the city it was in. You have to go get a copy of your record, I forget where. When I was trying to figure out what city my marijuana possesion was in, the first city gave me all my driving record, like illegal lights and everything that Id been pulled over for. But nothing for my other record.

Im not stupid, btw, hehe. I got arrested in Phoenix, went to jail in phoenix, they transfered me to mesa, was in jail there for a little while, and I went to court out there. Mesa is the city where my record was, even though it happened in Phoenix.

 
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In many states, mere poss. of alcohol by a minor, whether or not you were in a vehicle or driving, will go on your driving record. Only reasoning behind it is to help deter minors from consuming alcohol, which in my experience doesnt help at all.

 
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^^Minors? I was 18 at the time... or do you mean under 21?

 
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He means under 21. And if they say they can't release your records just remind them about the freedom of information act. Any business gov't or private is required by law to release any information that business has on you.

 
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there shouldnt be any prob with them giving you a copy of your record. Just ask, and as them if/how you can clear it at the same time.

 
Rep Power: 283

Fight it Hey fight it.

 
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I was drunk one time but someone else was driving. They still locked me up that night and charged me with Possession of alcohol. They are trying to pass a law stating if your caught drinking underage, you get your liscense takin away.

 
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o yea and my insurance went up

 
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Yeah I can get a copy of the record, in fact I can view and/or order them on-line... It costs $8 for the record and $5 just to get them to certify them. REDICULOUS!!

 
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damn Im glad I Dont live in the states, I carry a bottle in my car always

 
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I can carry an unopened bottle in my car, lol.

Why are they wanting to charge you??? Dont do it online, go to the courthouse and ask them if you can find out whats on your record. They will give you a printout (should be free, they shouldnt charge for that), than look over it, and ask how to clear what you want cleared, or find out when it will be, or if you can petition the courts (is free also).

 
Rep Power: 267

Thanks for the help guys...

 
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hmm well im in a similar situation. Im 19 and was charged with Underage possession in North Carolina a few months back. Went on some legal forums and was told this....

"GS 18B-302 (b) underage possession of malt beverages or unfortified wine. you are looking at a class 3 misdemeanor. From what I can tell if you are convicted the court does not file a report to the DMV unless you were purchasing or attempting to purchase at the time the officer stopped you, or were aiding or abetting another. If you were simply charged with the possession then you are only looking at a class 3 misdemeanor. Not to play that down, it is still serious, but the court will not notify the DMV"

 
Rep Power: 267

^^Well, unfortunately they did... and personally I don't think that it's that serious. I'm sure that everyone has heard this at one time or another, but I think that it is rediculous that at 18 we can be forced to go into military service but we can't have a drink.