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Sold Tobacco During a Sting Operation

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  • 11-15-2012, 06:26 PM
    Mrgibbs
    Sold Tobacco During a Sting Operation
    My question involves criminal law for the state of: Utah

    I recently was trained to cashier, I've only been cashiering 1 week but i already messed up. A kid came in and he looked pretty old, however my intuition told me to ask. I asked him for ID and for some reason neglected to put his birthday into the system. Minutes later, cops came in, pulled me aside with the assistance of my managers, and wrote me a citation for providing a minor with tobacco.

    I just barely turned 18 and i got a promotion to come with it. My work suspended me, and i have to take a class. What can i do receive a lighter sentencing? Can i plea in abeyance?

    I have no criminal record whatsoever prior to this event. Will they go easy on me because its my first offense, and can i forego a fine? Any information helps.

    Please and Thank You in Advance.

    I messed up, and i regret not being vigilant.
  • 11-16-2012, 08:21 PM
    Mr. Knowitall
    Re: Sold Tobacco During a Sting Operation
    Consult a local lawyer about what a court is likely to do to somebody in your circumstance. Given your age, with a clean record, in most jurisdictions you would have a pretty good shot at getting a deferral.

    The issue, though, isn't only that you didn't enter the kid's birth date - it's that you didn't do so after you looked at his ID and saw that he was too young to buy tobacco.
  • 11-17-2012, 02:20 AM
    Mrgibbs
    Re: Sold Tobacco During a Sting Operation
    It's not that I purposefully sold it to him after looking at his Id and saw he was underage. I never would have sold to someone underage on purpose. I just neglected to type in his birthday. I messed up, I was going fast and made a mistake.
  • 11-17-2012, 04:45 AM
    flyingron
    Re: Sold Tobacco During a Sting Operation
    Eh? You weren't charged because you didn't "type in the birthday." You were charged because that birthday was less than 18 years from the date of the sale. You FAILED to check that he was old enough either by being able to realize that he had to be born on the date in 1994 or earlier or typing it in to your point of sale terminal and letting it do the same mathematics. The fact that the person had a non-adult license should have given you a clue (it shows they were under 21, which means you really need to look closer to see if they are also under 18).

    What point do you think there is in asking for ID if you don't look at the birthdate?
  • 11-17-2012, 09:51 AM
    Mrgibbs
    Re: Sold Tobacco During a Sting Operation
    Hey man. I understand I messed up, but I didn't do it on purpose and I don't wanna be punished really severely for it.

    I made a mistake. My question wasn't please tell me how bad of a person I am. I was asking what I can do since I have no previous criminal record, and it was an honest mistake.
  • 11-17-2012, 12:23 PM
    PandorasBox
    Re: Sold Tobacco During a Sting Operation
    You can hope the judge goes lenient on you.

    A big part of your job responsibility is to check each and every ID for people purchasing tobacco products or alcoholic beverages. You did not do it intentionally, but you still sold to a minor.

    I'm a promotional model who demonstrates wine, beer, and liquor. I card EVERYONE, I've even carded an 86-year-old woman. If the birth day is not on or before today's date in 1991, they don't get a sample. "My ID is in the car" "Go get it and then come see me".....you wouldn't believe how many college kids try that....
  • 11-17-2012, 12:40 PM
    flyingron
    Re: Sold Tobacco During a Sting Operation
    What you repeatedly did is make excuses for your behavior. Mr. KIA gave you the right answer, whining about it isn't going to change the answer.
  • 11-17-2012, 01:40 PM
    Mrgibbs
    Re: Sold Tobacco During a Sting Operation
    I'm not whining flyingron. I'm brand new to cashiering and I messed up. I'm going to pay for it. So you'll get your rocks off I'm sure.

    People make mistakes all the time. Didn't your mother ever tell you that if you have nothing nice to say, don't say anything at all?

    I messed up my first week at a new job. I'm already paying for it, I don't need you being rude.
    There is no excuse, I messed up and I realize that but my question wasn't "how can I get out of it." My question was how high are my chances of the judge going light on me given I have no previous charges and that it was an honest mistake. I have no excuses, nor have I tried to make them, I messed up.

    So if you can't answer my question, will you please spend your time, and negative energy elsewhere?
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