Serving alcohol to a minor (TABC sting)

[DarbyDB]

What is the name of your state? TX

The law states: A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor

Criminal negligence is defined as: he ought to be aware of a substantial
and unjustifiable risk that the circumstances exist or the result
will occur. The risk must be of such a nature and degree that the
failure to perceive it constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all
the circumstances as viewed from the actor's standpoint.

Is there any way to find out what the conviction rate for this offense is?

The conditions in this case are that the bar was busy, there was an employee at the door checking IDs (no person under 21 is allowed on the premises), the minors appeared to be of legal drinking age. The IDs were checked (at the door) and the minors were allowed in the bar. The bartender served the minors believing they were over 21 and that resulted in 2 charges to the bartender of the above offense.

Can this case be argued as lacking criminal negligence and thrown out?

Thank you.

 

[CavemanLawyer]

Conviction rates for anything vary substantially from one county to the next. There is no way to answer your question and the likelihood of a conviction is always impossible to predict.

Cases are not typically just, thrown out. If the DA's office doesn't dismiss the case than this individual will likely have to take his chances with a jury. If the job of checking ID's was delegated to the doormen, than it sounds like he has a decent defense.

 

[DarbyDB]

Thank you for your response.