Jennifer Horwitz Law
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Case Victories

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Furnishing Alcohol to a Minor

RESULT  |  Dismissed

A man came to the United States to join his family after years of waiting to be granted entry as a permanent legal resident. He did not speak or read English, but was working in his brother’s store cleaning and doing odd jobs. The man had not yet received training on how to avoid the sale of alcohol to minors because he was not yet proficient enough in the English language. The man was temporarily left in charge of the cash register at the store while his brother stepped out with the understanding that he was not to sell alcohol or tobacco. Unbeknownst to the man, his brother had reorganized the store just days before and had moved the alcoholic beverages to a cooler that previously only contained juice. An underage woman working with the Liquor Control Board took a can of beer out of the cooler that had previously only contained juice and approached the cash register. The man did not recognize the can as a beer can and sold it to the woman without checking her identification. He was charged with Furnishing Alcohol to a Minor. The state has a policy of not dismissing such cases because there is no requirement that the person intend to sell alcohol — if a person sells alcohol to a minor they are guilty. However, the defense was able to persuade the prosecutor that this situation was different and that, as a matter of fairness, the case should be dismissed.

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