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Causing sale of alcohol to a minor?

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MusicLover92

Junior Member
What is the name of your state? California

I need some advice or at least some idea of the possible outcomes/options on my situation.

I worked at a gas station for almost a year. I asked for ID's for alcohol and cigarettes whenever they were purchased. Well, this guy comes in one night and buys some beer. My partner (who was running the register) asked for his ID. He said he didn't have it on him but that he comes in here all the time (I hear that all the time when I ask too... usually a lie). But, my partner turns to me and asks me if I know him. I said yes, I've seen his ID before, which I had. She sales it to him. He's stopped by an ABC (alcoholic beverage control) officer and we come to find out that he is under 21.

One of the officers tells us to come out because we're both getting arrested. First they talk to her. They read her rights to her, fingerprint her, take her statement. Then they talk to me. They only get my statement. I don't get fingerprinted, or my rights read. She gets written up for sales to a minor and I get "causing the sale to a minor".

I tell the officers that the guy had come in before with his ID, which stated that he was over 21. I told him that I had worked there for almost a year and have never taken money for alcohol from ANYONE who was under 21 or if it was after 2:00am (I worked graveyard shift). I told him that he was a "semi-regular" and that's I NEVER would've told my partner he was "okay" if I had any doubts of his age.

I'm just so worried about what will happen. I am 29. I have never even had a speeding ticket. I don't drink alcohol (I never touch the stuff). I never liked selling alcohol for a living, even told my boss the weekend prior to the evening in question that I was going to start looking for another job.

My question is what CAN happen? Should I get a lawyer? What can happen to me and what will be the most likely outcome of this? I am really freaked out over this. My clean record is one of the few things I have been proud of myself over. And I feel that it is all messed up now. Any help will be appreciated.

Thank you.
 
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racer72

Senior Member
Welcome to the world of "zero tolerance". You are likely just looking at a fine. Your bigger problem is your employer is also looking at a fine too and probably much higher that yours, and it likely could cost you your job.
 

MusicLover92

Junior Member
25658(a) B+P - Causing the sale of an alcoholic beverage to a person under 21 years.

I got a green ticket that says "Notice to Appear" on it. With the misdemeanor box checked.
 

CdwJava

Senior Member
MusicLover92 said:
25658(a) B+P - Causing the sale of an alcoholic beverage to a person under 21 years.

I got a green ticket that says "Notice to Appear" on it. With the misdemeanor box checked.
25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.


If it is ultimately charged as a misdemeanor you face the following penalty for a first time offense:

(e)(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.


It would be advisable to consult an attorney even though jail time is not on the table.

- Carl
 

MusicLover92

Junior Member
Thank you for the quick reply and for the info.

What about the record issue (if it ends up this way)? Will this stay on my record? If so, for how long? And is there any way I will get a warning or a dropped case? (just being a little too optimistic, I know).

And yes, I will consult an attorney too. I'm in need of one I know. Thank you so much again.
 
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CdwJava

Senior Member
MusicLover92 said:
What about the record issue (if it ends up this way)? Will this stay on my record? If so, for how long? And is there any way I will get a warning or a dropped case? (just being a little too optimistic, I know).
If convicted and no deferred entry is offered, it will remain on your record forever or until you get it expunged (which will not be possible for at least a few years).

It is rare that the matter will be dismissed with a warning. These are serious issues as far as local governments go, so chances are you will be made to pay the fine and go to counseling. You will also likely lose your job.

- Carl
 

MusicLover92

Junior Member
If convicted and no deferred entry is offered, it will remain on your record forever or until you get it expunged (which will not be possible for at least a few years).

It is rare that the matter will be dismissed with a warning. These are serious issues as far as local governments go, so chances are you will be made to pay the fine and go to counseling. You will also likely lose your job.

- Carl
What do mean "deferred entry"?

Is there any option for pleading guilty or no contest in this situation? Would that make a difference? I admit I am very uneducated as far as specifics in our legal system.
 

CdwJava

Senior Member
There might be a program whereby the court will agree to defer entry of a disposition until after a year has passed. If you have completed the requirements of the court the matter could just go away.

You really need to speak to an attorney about it.

- Carl
 

MusicLover92

Junior Member
I see. Yeah, I'll definitely get an attorney and go through all this. Thank you so much Carl. At least I have an idea of some possibilities now. It's hard to sleep not knowing what can happen. Now, I have something to go on. Thank you again.

God bless
 

moburkes

Senior Member
I see. Yeah, I'll definitely get an attorney and go through all this. Thank you so much Carl. At least I have an idea of some possibilities now. It's hard to sleep not knowing what can happen. Now, I have something to go on. Thank you again.

God bless
Racer gets no credit? He didn't help you?
 

MusicLover92

Junior Member
Racer gets no credit? He didn't help you?
Sorry Racer... thank you too.

I was caught up answering and asking questions with Carl, and I forgot to thank you as well. Like I said, any thoughts/opinions would help and they did. Please accept my apology Racer.
 

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