Legal Question in Criminal Law in California

Re: Selling to Drunk

Before you do anything you would be wise to seek the advise and possibly the services of an attorney who is qualified to handle a matter like yours. Your plea to a charge like this has serious possible consequences and should not be taken lightly. You may take the time to view my website at www.wallinlaw.com if you so desire. Remember...how the case resolves....it stays on your record forever....so I advice seeking legal advise immediately. Thank you for asking...David Wallin

Re: Selling to Drunk

You have a couple of problems. Obviously you have been cited and must deal with those issues but you also have either a single Law Enforcement Officer who is coming down on you or that particular Law Enforcement agency has decided to make sure you are following the exact terms of the law.

You were probably cited under CPC 397 which prohibits the sale of alcohol to known intoxicated person or habitual drunkards and provides that selling to such is a misdemeanor. You may also have been cited under B&P section 25602(a) also provides for basically the same thing and is also a misdemeanor. At the very least you have at least one misdemeanor charge against you. In your business and under the circumstances you have explained you need an attorney. The price of hiring an attorney will be far less expensive than the price of dealing with district attorney yourself.

Misdemeanors can have serious consequences and so do not take this charge lightly. Next, your attorney may also be able to find out why your establishment is getting so much attention by law enforcement.

If you are looking for attorneys please feel free to call my office for a consultation. Good luck.

Re: Selling to Drunk

Defend the criminal charges with all those arguments and whatever evidence you may have. Most people hire an attorney when they are facing charges that could put them in jail.

Re: Selling to Drunk

It's going to come down to whether or not the proseutor can prove you knowingly sold to an intoxicated person. A blood alcohol level only matters for a DUI case, but I'm sure the prosecutor will rely on it.

Given that there are ABC license implications, you'll need a good defense attorney to either negotiate this away or fight like crazy. The case sounds weak, but it depends on what's in the reports and what's truly admissible evidence.

If this is a southern California case and you're interested in a consultation, give me a call.