Sorry to give life to an old thread, but I happened upon this website in a google search for circumstances similar to mine, and saw this post. I was recently snagged in a sting operation like this earlier this month, and I plan on fighting the charges. I might be coming here to vent a bit about it, but I can also share a little perspective on how it REALLY goes down. And if anyone can give their opinion and any advice, I’d appreciate it.
So… a little background: I have been a server for the better part of 8 years, and a bartender for the last 3. I was the head bartender at my job, and I worked hard to get there. On my last shift at my job, when I was already cashed out and off the clock, I went back behind the bar to retrieve my car keys when I saw an unattended patron. The evening bartender had already taken over, and I took a quick 30 seconds to help him out. The patron, who appeared young, maybe 20-21 asked for a round of beer. I asked to see his ID, and the ID he presented me appeared to say 1988. The ID looked like it had been sitting with the Titanic at the bottom of the Atlantic for 100 years, but as anyone with a leather wallet knows, ID’s never look perfect. But as far as I was concerned, I saw 1988. After serving the beer, I took my keys and proceeded to leave the establishment when I witnessed a Florida Alcohol, Beverage and Tobacco agent enter through the front door to approach the evening bartender. Being as I have halfway decent character, I came back in and saved that bartender from taking the rap. I asked to see the ID again, as I had seen 1988, and was promptly denied another look, as was my manager. I was placed under arrest and released on the spot with a notice to appear. I lost my job on the spot as well.
While I understand the purpose of these sting operations, and don’t disagree with their original premise, I do believe that sending in a volunteer with anything less than an immaculate looking ID is entrapment. Sending that kid in with a fuzzy and faded ID is not seeing if someone would knowingly serve a minor alcohol. That’s intentionally trying to confuse an employee in a dark bar environment into accidentally overlooking something he wouldn’t normally overlook… and to me that is WRONG. I’ll be honest, on a normal shift, I probably wouldn’t have taken such a jacked up ID, but I was off the clock and on my way out. I let my guard down for a split second, and for that I now have an arrest on my record. I didn’t just decide it was some kids lucky day after checking his ID.
My question is… Since they denied me access to look at the ID again, would they have to produce that ID if I challenge this charge in court? Will that volunteer informant have to testify? And they originally wanted to take both bartenders since the other bartender had the active cash register and cashed the kid out. I didn’t partake in any cash transaction, yet that was put on my arrest report. Do I have a shot here?