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Can I sue (or bring charges apon) a minor who bought alcohol

from my wife, while she...
Can I sue (or bring charges apon) a minor who bought alcohol from my wife, while she was working at a gas station? She failed to ask his age or for identification.
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Answered in 2 minutes by:
3/26/2013
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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To be clear, are you asking if you can sue the minor? Thank you.
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Customer reply replied 4 years ago

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:

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1. The minor was working for the police

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2. The minor came into the gas station

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3. The minor went to purchase alcohol from your wife

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4. Your wife failed to check his ID to see if he was of legal age

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Is this all correct?

.

Thank you.

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Customer reply replied 4 years ago

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.

Customer reply replied 4 years ago

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.

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As the minor was working for law enforcement, he has no liability, either in civil court or in criminal court.

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Joseph
Joseph, Criminal Defense Lawyer
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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.

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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.

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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.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Joseph
Joseph
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