Legal Question in Civil Litigation in Iowa

Hello, my name is Amanda.

I was a clerk at a gas station a month ago and had a tobacco sting from the police. Now, I've passed a police sting before and never purposely sell to minors, but this particular day the store was packed, and I was behind schedule on my assigned chores, those of which already take me until close to do. Needless to say I was stressed and wanted to get everyone out and start my chores.

After I had finally gotten everyone out, a policeman drove up and informed me that I'd sold a pack of cigarettes to a minor. I asked him to describe the minor and he said "he didn't know." I questioned him again and he said he "thought" it was a blonde girl. I think back to the line and remember seeing a blonde girl, but in the frenzy assuming it to be a nurse that frequents the gas station of whom I've IDed previously.

I plan on pleading innocent if I ever get called about a court date, because I think that the fine I received was unfair, especially as I've proven that I comply with the tobacco sale rules under normal conditions. To me, this was a "wrong place at the wrong time" occurrence, as I wasn't even scheduled to work that day...is there any way I would have a case? I plan on moving to Minneapolis for college and I can't afford to lose ~$200 after I've already lost my job...and income to save for the move when I was working so hard.

Do I have any sort of case at all to plead innocent or similar?

Any advice would be appreciated. Thanks for your time.


Asked on 5/12/10, 10:32 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

You can plead not guilty-which is not the same as innocent.

Fairness doesn't seem to be an issue, because your defense is "I was too busy to do my job the way the law says I should." It is what is known as a strict liability offense-all that matters is that you did it.

You've got nothing to lose by a not guilty plea.

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Answered on 5/18/10, 9:37 am


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