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  1. #1
    Join Date
    Mar 2015
    Posts
    1

    Default Selling Alcohol to a Minor After Possibly Misreading Their License

    My question involves criminal law for the state of: Lousiana

    Hello,
    I was recently given a ticket for selling to a minor. The officer said I had checked the License and sold it to her anyways. It was during a parade but we weren't busy, just steady. I IDed everyone that needed to be carded and I clearly remember everyone I carded was at least a 1993 except for one which was a 94 and I remember her birthday was 3-9-94 bc that was the only ID I had to think twice about. I wasn't approached immediately nor shown any kind of proof that I had sold to a minor. He didn't show me the License that I carded nor the person that I carded. He just came out of nowhere and asked for my boss and said I sold to a minor. It was both me and my boss first time experiencing this so we were a little intimidated and didn't ask questions. I gave him my bar card and he asked me how do I card and what do I look at and I said their birthdate and he said no I should be looking to see if the License is vertical or horizontal and if it's vertical with a red frame around their picture then they're automatically underage because once they turn 21 they have to renew their license. So I asked is this something new but he said no it's always been like that. I had ask because I remember renewing my license at 23 not 21...I am 33 and live in Louisiana by the way...So with that being said, it made me doubt myself for a bit and obviously intimidated and so was my boss. He showed me a manikin license and what I should look at but not the license of the person I carded nor did I get to see her. He asked me if I had any questions which I was too shocked to think so I said no and he gave me a ticket and explain that I need to go to court on that date written. And after he left, the bartender next to me asked what happened and I told her and she then took out her license and showed me he must not know what he's talking about because her license was vertical and her picture had a red frame around it and she was born in 92. Then I did some thinking now that my head is clear and I'm 95% sure that everyone I carded was at least a 93 and back and there was only one 94 and nothing over...which I even remember her birthdate. Is there any way for me to fight this? Do I have to get a lawyer? And pay for all the court fees? I'm not really in the position to afford all that. Pleas help!!
    Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Alcohol to Minor - Possible Falsely Charged

    First off learn the terms. The fact that you may be innocent doesn't make you falsely charged. Charging only takes probable cause, not proof beyond a reasonable doubt.

    Believe me you're not going to be hung over the fact that the license was oriented one way or the other. You're going to be convicted because DESPITE what you think you recall, they sent a person with a license that indicated they were not 21 and you served them. All the rest of your arguments above means nothing.

    You have been charged with a CRIME. You can go to JAIL for up to 6 months over this. The fine will be $100 plus costs. I would recommend you consult a lawyer. Court fees are the LEAST of your worries.

  3. #3
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Alcohol to Minor - Possible Falsely Charged

    It doesn't matter what you think you did or what you remember doing. What matters is they sent someone in with ID stating they were under 21 and you served them. Get an attorney.

  4. #4
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Alcohol to Minor - Possible Falsely Charged

    Quote Quoting flyingron
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    You're going to be convicted because DESPITE what you think you recall, they sent a person with a license that indicated they were not 21 and you served them. All the rest of your arguments above means nothing.
    The cop could not name the so-called underage person who bought alcohol, and the OP clearly remembers that everyone was 21 or over. Why do you think that the OP will be convicted?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Alcohol to Minor - Possible Falsely Charged

    Quote Quoting John_28
    View Post
    The cop could not name the so-called underage person who bought alcohol, and the OP clearly remembers that everyone was 21 or over. Why do you think that the OP will be convicted?
    the cop could not or would not? They are not required to inform the bartender of the name or anything else. That is all information the defendant can deal with in court.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Alcohol to Minor - Possible Falsely Charged

    John, you need to actually read the post. There is no suggestion that the officer didn't know who the minor was who successfully purchased alcohol. Given the facts as described, odds are this was a sting operation.

  7. #7
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Alcohol to Minor - Possible Falsely Charged

    They have these stings all the time in Louisiana. I am assuming that this was a Madis Gras parade. If I'm correct, they let it be known through the news media that Law Enforcement will be looking for people selling to minors at these parades.

  8. #8
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Alcohol to Minor - Possible Falsely Charged

    Quote Quoting John_28
    View Post
    The cop could not name the so-called underage person who bought alcohol, and the OP clearly remembers that everyone was 21 or over. Why do you think that the OP will be convicted?
    The police officer identified the underage person or else the prosecutor would not prosecute. Since the case has not been dismissed, it's a sure bet that they know who the person is and what ID they presented. They preserve that kind of evidence when they make sting arrests. There is no excuse the court will accept since there is an affirmative duty to verify the legal age of every person you sell to. You don't have to intend to break the law, and you are criminally liable even if you "just made a mistake". A lawyer is the very best advice.

  9. #9
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Alcohol to Minor - Possible Falsely Charged

    Quote Quoting Bubba Jimmy
    View Post
    The police officer identified the underage person or else the prosecutor would not prosecute. Since the case has not been dismissed, it's a sure bet that they know who the person is and what ID they presented. They preserve that kind of evidence when they make sting arrests. There is no excuse the court will accept since there is an affirmative duty to verify the legal age of every person you sell to. You don't have to intend to break the law, and you are criminally liable even if you "just made a mistake". A lawyer is the very best advice.

    If the OP definitely remembers that he did not sell to anyone presenting an ID that showed that the person was underage, then perhaps a different bartender sold alcohol to the "undercover minor" and the "undercover minor" misidentified the OP as the person who sold the alcohol.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Alcohol to Minor - Possible Falsely Charged

    Or, perhaps the OP does not remember as well as he thinks he does.

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