Have a somewhat wild story for you all... any advice? (Manteo: lawyer, buy)
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I was on vacation in Manteo a few weeks ago with my wife and 18 y/o son. My wife and I went to get some alcoholic eggnog from the ABC store. During this time, my son was at the supermarket a block away from the ABC store. He then came to meet up with us (communication by cell phone is a huge part of our family members' lives) and upon entering the ABC store, he was approached by a "security guard" and given a ticket for $450 for entering an ABC store while between the ages of 18 and 20. He showed his ID after being asked, which I feel was entrapment. Our other son who is 16 was allowed in with no problems. Is there any way our family can walk away from this charge and put the issue behind us for life?
Most if not all NC ABC stores prohibit people the age of 18,19,20 from entering their stores. Minors under the age of 18 (like your 16year old) are allowed as long as they are with and adult.
While I agree getting a ticket for this is kind of over the top I fail to see why you would call it "entrapment". Entrapment is being induced to commit an offense you otherwise would not have committed. As you described it your son entered the store on his own. That is the offense - nobody coerced him into the store.
That said I hope you have success with the ticket. Sound sounds ridiculous.
Every ABC store I've been in has had the age restriction as well as the warning that proof of age was required clearly printed on the door. Your only chance would most likely come from a sympathetic DA or judge willing to either drop the citation or reduce the fine.
Every ABC store I've been in has had the age restriction as well as the warning that proof of age was required clearly printed on the door. Your only chance would most likely come from a sympathetic DA or judge willing to either drop the citation or reduce the fine.
Was the sign covered up? Was there a reason you or you son did not see the sign?
I agree with you that it is utterly ridiculous. Your underage son who was with you was okay, but because your other son was over 18 he got a ticket, even though YOU WERE PRESENT?
I would like to think a judge would throw that out, but the question is, do you want to go to all the expense of appearing in court in Manteo? You could probably even hire a lawyer to do it for you. (Like you would with a speeding ticket)
I've always thought that was stupid. If the person aged 18-20 is in there with a parent or guardian, how is that different from someone 17 or younger being there with a parent or guardian? Good luck.
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It's a pretty ridiculous situation. Then again I find the whole concept of ABC stores silly. Thanks for posting this though as I didn't even realize this was the law! I've never really noticed the signs!
I agree with you that it is utterly ridiculous. Your underage son who was with you was okay, but because your other son was over 18 he got a ticket, even though YOU WERE PRESENT?
I would like to think a judge would throw that out, but the question is, do you want to go to all the expense of appearing in court in Manteo? You could probably even hire a lawyer to do it for you. (Like you would with a speeding ticket)
From what I read the parents "were present" in the store however, the 18 year old walked in separately, as in AFTER the parents had already walked inside.
This is where I see the issue and the reason for the ticket.
Had both children entered with the parents at the same time there would not have been an issue.
The 18 year old should have waited outside until the parents got done OR one of the parents should have went outside and met the 18 year old then walked him inside with them at the same time.
Then there would not have been an issue at all.
The security guard was doing his job which is enforcing the law that no child shall enter the store "alone" without a parent who is under the legal drinking age.
I don't see a problem with the ticket at all, the child entered the store by himself, illegally even though the parent was already inside.
It is in the details of the law and those little details will get you a ticket more often than not.
That is a very hefty "fine". The family was on vacation. But didn't say which state they were from, and vacationers are not expected to know the laws in every state; and it would seem that any reasonable judge would negate most of the fine. Nice way to treat vacationers over there in Manteo.
As an aside, I've heard from a few out of state visitors that they got a speeding ticket for $400 over at the coast, and when they got home, a letter came in their mail with the names of 3 attorneys who could "handle" it for them. The attorneys charge $400. Any collusion there?
Is your 18 y/o still in high school? If so, I would think you could argue that he is under your care and really no different than the 16 y/o. Think about it like this..."judge, we told our son to run across the street and buy some soda and meet us back in the ABC store". So he entered doing what we told him to do."
To me that is the spirit of the law...kids under your control, and the security guard wasn't worried about the spirit of the law, just the letter (and we all know in today's day and age, you get fired for not following to the letter).
If you can deflect blame back to you, the parents...then, IMO, the judge should be flexible. This episode should teach your son a little about responsibility and growing up though. When they turn 18, they have to worry about where they are going, who they are sleeping with, that sort of stuff, and the penalties are stiffer if they do something wrong.
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