CA Alcohol Beverage Control - Overserving

[Bartender_CA]

What is the name of your state? Redondo Beach, CA

On a Friday night at the local pub (11:45 PM) I had two undercover in the bar I work. One customer I had cut-off and he was outside sitting on the patio, drinking ice water. Another, a 64 year old "harmless, but dirty-old-man" was flirting, and talking dirty to the female undercover. They wrote me a ticket for serving an obviously intoxicated person, and confiscated less than one ounce of warm beer as evidence, then walked the old man home and left him there. They took the man on the patio to the drunk tank, but didn't charge him. I showed to my court date and they had no file in any court (called two different cities, and one county courthouse) so after getting a proof of appearance I left. I just recieved a letter dated one week after the intial court date, telling me to disregard that notice and to appear at a date which is a month and a half after the first day, and four months after the violation. And they are trying to charge me with two liquor law violations. Any advice would be most welcome.

[Happy Trails]

Originally Posted by Bartender_CA

What is the name of your state? Redondo Beach, CA

On a Friday night at the local pub (11:45 PM) I had two undercover in the bar I work. One customer I had cut-off and he was outside sitting on the patio, drinking ice water. Another, a 64 year old "harmless, but dirty-old-man" was flirting, and talking dirty to the female undercover. They wrote me a ticket for serving an obviously intoxicated person, and confiscated less than one ounce of warm beer as evidence, then walked the old man home and left him there. They took the man on the patio to the drunk tank, but didn't charge him. I showed to my court date and they had no file in any court (called two different cities, and one county courthouse) so after getting a proof of appearance I left. I just recieved a letter dated one week after the intial court date, telling me to disregard that notice and to appear at a date which is a month and a half after the first day, and four months after the violation. And they are trying to charge me with two liquor law violations. Any advice would be most welcome.

From California statutes:

25602. (a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.

For the misdemeanor you could be facing a fine up to a $1,000 and/or six months in county jail.

Sales to obviously intoxicated person(s) – 25602 B&P
1st violation of 25602-----------------15 day suspension
2nd violation of 25602 within 3 years-- 25 day suspension
3rd violation of 25602 within 3 years-- 45 day suspension to revocation

If I were you I would consult with an attorney and see what can be done for you.

[garrula lingua]

Those charges are frequently changed by the Pros in court.

Go to court on the date you are notified for the arraignment & plea; see if you can appear 'in pro per' - representing yourself. Ask the Prosecutor if the charge can be changed to another (such as disturbing the peace Penal Code 415(2))...(don't speak about the facts of the case - anything you say may be used in trial against you - just be polite and ask: what would you have to plead to & what are the consequences ?).

Only the Prosecutor can change the charge.

If the offer from the Pros. is harsh, say thank you, I think I need an attorney & ask the Court for a continuance to hire an attorney.

If there is only one charge, you could plead 'open' to the Judge (the Judge decides the sentence, but s/he can't change the charge). Unless you are sure the Judge is sympathetic, I wouldn't do this (sit in court & listen to that Judge before you do that; see how they appear to be sentencing people).

This is a misdemeanor charge. Usu you will be on probation & pay a fine; the Pros may require that you be booked.

You always have the right to a trial by jury (and a court trial -to the Judge, with the agreement of the Pros). You could plead not guilty and set the case for trial. The Pros has 45 days from the date of your arraignment to bring the case to trial. Usu. defendants will waive that right to get further info, decide on a plea or not, & hope the Pros's witnesses are unavailable/forgetful (Alc Bev Control are usu busy people - doing this elsewhere).

[BigMistakeFl]

Maybe I'm just paranoid, but I'd tread lightly. Why were the undercovers there to begin with? Chances are they may already have a significant case under way. This could be part of it, or simply a manner by which to get you talking, then move on into bigger matters.

..... Or maybe I just watch too much TV!