The client, who was working as a manager at Walgreens, was charged with selling alcohol to a 19-year-old customer, during an alcohol compliance check. A 19-year-old confidential source entered into the Walgreens where our client worked, and presented a six-pack of Bud Light for purchase. Although his ID was checked, our client did not enter the DOB (date of birth) into the register. After the completion of the transaction, he was issued a notice to appear in court for selling an alcoholic beverage to a person under the age of 21.
Selling Alcoholic Beverages to Persons Under Age 21
In Florida, it is illegal for anyone to sell alcohol to individuals that are under the age of 21. This is recognized under Florida Statutes 562.11. It also states that those under 21 years of age are not allowed to consume any alcoholic beverage, no matter who gives it to them. The only exception to this rule is that if the person is a student over the age of 18, they are permitted to try alcohol as long as it is a school requirement for a course they are taking for college.
Anyone that sells alcohol must ask for an ID. If a clerk selling alcohol does not ask for the ID, or if they know the person is not old enough to purchase alcohol but sells it to them anyway, they will face charges. A first-time offense of selling alcohol to a minor could result in a second-degree misdemeanor charge. This comes with a fine of $500 and up to 60 days in jail. One could even face having their driver’s license suspended by the Florida Department of Highway Safety and Motor Vehicles.
In a case of selling alcohol to someone underage, the state needs to prove without a doubt that the defendant sold the minor the alcohol at the defendant’s employment. They do not need to prove that any money was exchanged for this.
Contacting Legal Representation
If you have been charged with selling alcohol to a minor or have been served with a notice to appear, it is in your best interest to contact legal representation. Look for a skilled attorney that will fight for your rights. At Musca Law Firm, we will do just that. We negotiate with the prosecution and will fight tooth and nail for you and your legal rights. We can put together a strong defense for you after reviewing your case. Many of our clients have walked away with a lesser charge or have had their charges dropped completely. Call us today for a free, no-obligation consultation to see what we can do for you. We answer our phone lines 24 hours per day and serve the entire state of Florida. For your convenience, we have several offices located in different cities throughout the state for easy geographical access to our services.
RESULT: The defense negotiated with the State attorney’s office, which resulted in our client not being convicted and not receiving probation.