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The minor was an "explorer" cadet working for the police department. I forgot to mention this is Florida. Yes, the minor was not allowed to purchase alcohol, and should be somewhat liable.
I'm a Florida attorney and I've handled many cases involving allegations of sales of alcohol to minors. Let me see if I understand the situation:
1. The minor was working for the police
2. The minor came into the gas station
3. The minor went to purchase alcohol from your wife
4. Your wife failed to check his ID to see if he was of legal age
Is this all correct?
Yes, that is correct. I dont know how, or why she would of not asked for id. She would never knowingly sell to a minor.
Also, seing as how you are a defense lawyer,
She has not been arraingned on the charge yet, but the complaint has been files with the clerk.
1. Does she have any kind of defense,
2. Will the court be able to take her drivers license,
3. Do you think she might be elgible for defered prosecution / diversion, as she has never been in trouble before, except in a different county 6 years ago she pled no contest, and was withheld adjucation on a dwlsr
No, unfortunately you cannot sue the minor or have him prosecuted. As I understand it, he was working on behalf of law enforcement. So you know, this is actually quite common in Florida. Local law enforcement agencies will often use minors by sending them into a store to try to purchase alcohol. If they are able to make a purchase, the person that made the sale will be arrested and prosecuted for sale of alcohol to a minor, a misdemeanor offense.
As the minor was working for law enforcement, he has no liability, either in civil court or in criminal court.
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Does she have a defense - Based on what you have stated thus far, no defense is apparent. To be convicted of this offense, one need to only sell an alcoholic beverage to a minor. As you can imagine, there are only two elements to this crime, 1) that alcohol was sold and 2) that it was sold to a minor. As I understand it, this is exactly what occurred.
Driver's license - Florida does permit the suspension of the license for selling alcohol to a minor. However, this is typically reserved for something more egregious such as a second offense.
Diversion - This is certainly possible. As I suspect you know, diversion is offered to people with little to no criminal history. It would appear that your wife meets this criteria.
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