I own a gas station where one of my employees was tricked into selling to a decoy minor that a police officer sent in. Got ticketed and will go on my record with Alcohol and Beverage Control (ABC) people. Anybody know if there is a way I can fight it in court or some other way to not get it recorded?
2006-09-18 07:33:59 · 10 answers · asked by PakOMan 1 in Local Businesses ➔ United States ➔ Los Angeles
You say you were "tricked" - did the minor have fake id? Or by tricked do you mean that you were caught?
If the offence has been committed you have to pay the penalty. Only if the penalty wasn't committed, or if the decoy showed fake ID can you have a valid defence.
2006-09-18 07:36:42 · answer #1 · answered by stafflers.t21@btinternet.com 3 · 2⤊ 0⤋
Got tricked? In other words.. someone came in and purchased alcohol and your employee didn't verify the ID. That's not being tricked.. that's just poor training and avoidance of responsiblity. Your attempted to avoid the consequences of this action is simply to condone the practice of selling to under-aged patrons. I suggest you revist the training of your employees (document it) and then post signs about 'carding of all alcohol purchases' and then present these items at your court appearance to demonstrate your new found understanding of the rules and your agressive stance on improving.
Remember, these rules and fines were put in place to help curb under age drinking not to put bankrupt businesses. If you demonstrate your have made big strides in improving this portion of your business when you go to court, you might be able to reduce the fine and have the court award a deferred ajudication of the offence. In other words, if you don't do it again for a year then the offence is removed from your record.
Good luck and I hope this helps!
2006-09-18 14:41:04 · answer #2 · answered by wrkey 5 · 1⤊ 0⤋
A good start would be to make sure all your employees follow the law from now on. Have a lawyer come and give them training in the law, and stress that you will immediately fire anybody who breaks the law.
Then, tell the ABC people what you have done, and stress that you are trying to prevent future problems.
In other words, don't try "fighting and getting out of a ticket." Instead, try being a good citizen. Maybe then the ABC people will take you seriously.
2006-09-18 14:40:23 · answer #3 · answered by Jim 5 · 1⤊ 1⤋
Not really, once the buy bust happened it is now a matter of your word against the officer's. Videotape would help if you feel that you were wrongly accused. Once the trial is over, you may also be able to get your record expunged depending on what state you live in. ALWAYS CHECK I.D.'s if they look under 35!!!
2006-09-18 14:43:50 · answer #4 · answered by Confused 1 · 0⤊ 0⤋
Its perfectly legal what the police did. It was your employee's recklessness that cause you this problem. You should have made them aware that under no circumstances do you sale without seeing a valid piece of ID. And you should make sure they actually know what they are looking for too. You can't fight it. Maybe you should be more cautious about who you hire.
2006-09-18 14:44:41 · answer #5 · answered by lisa46151 5 · 1⤊ 0⤋
Got tricked? Come on. I hope you can not get out of it. You need to take responsibility for what happened. train your staff better. If he was not sure about the purchaser's id he should have refused the sale and called the police.
2006-09-18 14:38:06 · answer #6 · answered by jachooz 6 · 1⤊ 1⤋
Get a lawyer, see if you can get it tossed out for entrapment. ( It probably wont work but worth a try)
2006-09-18 14:37:29 · answer #7 · answered by larrys_babygurl_4life 4 · 0⤊ 1⤋
do the crime do the time
your employee should know better, count it as a learning experience, and move on
2006-09-18 14:55:55 · answer #8 · answered by churchonthewayseniors 6 · 0⤊ 1⤋
get a lawyer
2006-09-18 14:35:24 · answer #9 · answered by ♥ Karen ♥ 4 · 0⤊ 1⤋
get a lawyer...that's my advice.
2006-09-18 14:36:06 · answer #10 · answered by Anonymous · 0⤊ 1⤋