Dealings with the TABC legal advice needed. (El Paso: hotel, lawyer) - Texas (TX) - City-Data Forum

MaryS80 · 07-23-2008, 05:25 PM

Okay so I am a cashier at a grocery store. I got a citation today for selling alcohol to a minor. I was the attendant at a self check out station. I honestly was not paying attention and could not even tell you what the girl looked like. It was busy, and I literally have to deal with three to four people at once. I take full responsibility for my actions, I should have been paying attention.

My question is, is there any way out of being charged? I really don't want a criminal record. The charge is a class A misdemeanor. I have heard that if the person who wrote your citation does not appear in court that the whole thing is null and void. Any chance that I can argue it was self checkout and I didn't actually ring her up? The girl who came in for the TABC was 14. How is that handled, 14 years olds technically can't be employed. While I'm sure she was not being paid I'm thinking she must have entered into some sort of contract/agreement.

Macbeth2003 · 07-23-2008, 05:46 PM

Sorry to say but get an attorney ASAP. TABC is often out of control and will pursue ridiculous cases. I was at a Theatre Fund Raiser once where alcohol was being served free of charge during intermission. TABC was called by a neighbor who didn't like the Theatre. They cam bursting in , tried to arrest the young volunteers for selling Alcohol, and finally agreed only to take the person in charge. They argued that since you had to by a ticket to the play to be in the building during intermission, and alcohol was given away only at intermission.... it was selling alcohol. They will find any technicality, and the law is such a mess that TABC officials often don't agree on what is or isn't illegal. IF you don't want to be raked over the coals get a lawyer now.

garxhap · 07-23-2008, 06:14 PM

I think the law says you have to card anyone who is under 27. If she was 14, I find it hard to believe she looked over 27. Sounds to me like you have some lax beer selling habits.

That being said, we all make mistakes, so get a lawyer and try to beat it. That's what I would do in the same situation.

One of the functions of the law is to teach people a lesson. I hope you learned yours. Selling alcohol to a 14 year old is not cool.

Muhnay · 07-23-2008, 06:32 PM

Quote:

Originally Posted by garxhap

I think the law says you have to card anyone who is under 27. If she was 14, I find it hard to believe she looked over 27. Sounds to me like you have some lax beer selling habits. Selling alcohol to a 14 year old is not cool.

Wow, you have not been fired from your place of employment.. That is normally the case, because the store should also received a fine for selling to a minor.

As for what she looked like, seems the OP ( cashier was at a multi lane self check out and helping another customer, and this girl slipped by. ) Yes TABC does in fact make a verbal contracts with minors to buy liquor in an attempt to catch business just like they did to you.. in El Paso a local bar sued TABC and filed charges of entrapment and won.. something a lawyer can help you with. The Self check out is a neat angle to go after too.. it maybe your saving grace.

Get a Lawyer.. forget what any of us on a public board say.. were all clueless. Get a lawyer, and get professional advice.

GoingHome2TX · 07-23-2008, 07:18 PM

The TABC loves to use the tactic of blindsiding you when you are busy.

I worked at a truck stop for the first few months that I was back here, and we were in a lull. So, I went out for a smoke and noticed two well dressed men and a girl in the parking lot conversing. Something looked out of place, and I went back in after finishing the smoke. They stood out there for about ten minutes or so, and then we got a bus come to the store. The place was packed in nothing flat.

It was a complete madhouse and out of the middle of nowhere this girl comes up to the counter with a six pack. Normally, I probably would have dismissed it and just checked her out to knock the line down as fast as possible, but something just wasn't right about it, so I carded her. Sure enough, she was only 19. They came in telling me what a good job I did. I was furious.

I think there are only a few organizations out there that have more power than the TABC. The Gestapo (in the 1930s-40s), the IRS, the BATFE, and the CIA come to mind. I still haven't found a use for any one of them, just like I haven't found a use for the TABC.

Get yourself a crooked, goes for the throat and doesn't let go even after winning kind of lawyer. Fight them all the way and best of luck to you.

teatime · 07-23-2008, 07:32 PM

The law is you have to check ID. I really don't see any way around that. If you lie about the self check-out, you'll get yourself in even deeper trouble.

If you want to hire a lawyer to defend you, he or she can probably find technicalities and work the law. You have to weigh your options -- whether working out a plea deal so nothing appears on your record (or the record is expunged fairly quickly) is better or more cost-effective than fighting it. Lawyers are awfully expensive.

MaryS80 · 07-23-2008, 08:30 PM

Quote:

Originally Posted by GoingHome2TX

The TABC loves to use the tactic of blindsiding you when you are busy.

I worked at a truck stop for the first few months that I was back here, and we were in a lull. So, I went out for a smoke and noticed two well dressed men and a girl in the parking lot conversing. Something looked out of place, and I went back in after finishing the smoke. They stood out there for about ten minutes or so, and then we got a bus come to the store. The place was packed in nothing flat.

It was a complete madhouse and out of the middle of nowhere this girl comes up to the counter with a six pack. Normally, I probably would have dismissed it and just checked her out to knock the line down as fast as possible, but something just wasn't right about it, so I carded her. Sure enough, she was only 19. They came in telling me what a good job I did. I was furious.

I think there are only a few organizations out there that have more power than the TABC. The Gestapo (in the 1930s-40s), the IRS, the BATFE, and the CIA come to mind. I still haven't found a use for any one of them, just like I haven't found a use for the TABC.

Get yourself a crooked, goes for the throat and doesn't let go even after winning kind of lawyer. Fight them all the way and best of luck to you.

I have quite often openly bashed the organization, they are little more than self serving fascists. There was a case maybe a year or two ago where they were arresting people who walked from the hotel bar to their hotel rooms. Thats not protecting people, thats just showboating.

Macbeth2003 · 07-23-2008, 08:45 PM

Quote:

Originally Posted by MaryS80

I have quite often openly bashed the organization, they are little more than self serving fascists. There was a case maybe a year or two ago where they were arresting people who walked from the hotel bar to their hotel rooms. Thats not protecting people, thats just showboating.

A lot of the problem is the vagueness of the laws too. In the case I was referencing, they had checked with one TABC official who said he "thought" what they were doing was okay. His superior disagreed. Then they admitted it was "unclear"

texdav · 07-24-2008, 08:04 AM

How can you say you tke responsibilty and then say you would lie in saying it was self checkout?Best bet is to tell the truth and if first offense the judge will probably show restraint because of it. Lie;egt caught in a lie and he will think different.You will probaly find that the girl was a person used to check to see if your selling to minors. As to teh peole walking from the bar to the moyel;that is probably becuase they were filing on the bar for serving intociacted peole which is illegal. They could just have easily arrested the peolein the bar for public intoxication because it is a public place and ilegal to be intoxicated in also.The number of problems ;including sdhooting ;involving intoxicated epole at bars shows the danger and is the reason for the public intoxication law besides the number of driving deaths and injuries.

sapphire · 07-24-2008, 08:26 AM

Quote:

Originally Posted by texdav

How can you say you tke responsibilty and then say you would lie in saying it was self checkout?Best bet is to tell the truth and if first offense the judge will probably show restraint because of it. Lie;egt caught in a lie and he will think different.You will probaly find that the girl was a person used to check to see if your selling to minors. As to teh peole walking from the bar to the moyel;that is probably becuase they were filing on the bar for serving intociacted peole which is illegal. They could just have easily arrested the peolein the bar for public intoxication because it is a public place and ilegal to be intoxicated in also.The number of problems ;including sdhooting ;involving intoxicated epole at bars shows the danger and is the reason for the public intoxication law besides the number of driving deaths and injuries.

She isn't lying--she said that she's the attendant at the self-checkout lane.