The Law Offices of Saia & Piatt, Inc. is pleased to announce that Attorney Lisa A. Wafer recently secured the dismissal of a liquor permit violation issued against her client. The decision was rendered by the Ohio Liquor Commission after Attorney Wafer successfully argued that the citing officers did not establish appropriate evidence for the violation.
The citation was issued to the client, a liquor permit holder, after an intoxicated patron at the client’s premises broke a window and the police were called. While arresting the patron for criminal damaging, officers detected a strong odor of alcohol on the individual. Attorney Wafer’s client was cited for allegedly selling alcohol to an intoxicated person, which is a violation of O.R.C. 4301.22(B).
While appearing before the Ohio Liquor Commission on behalf of her client, Attorney Wafer argued that the officers failed to obtain proper evidence to support the citation. Attorney Wafer contended that law enforcement could not prove that the patron had become intoxicated on the permit holder’s premises based on the following factors:
- Police never administered a breathalyzer test on the patron;
- Police failed to gather witness statements or any other evidence proving that the patron became intoxicated on the premises; and
- The permit holder testified that the patron had only been at the premises for approximately fifteen minutes before breaking the window.
After reviewing Attorney Wafer’s argument and the facts of the case, the Liquor Commission found there to be no violation of O.R.C. 4301.22(B) and dismissed the citation against her client.
As part of the award-winning team at The Law Offices of Saia & Piatt, Inc., Attorney Wafer has helped countless clients across Ohio protect their liquor permits. Attorney Wafer has nearly a decade of legal experience and has been recognized by the Super Lawyers® Rising Stars℠ list for four consecutive years.
To learn how Attorney Wafer can assist you with a liquor permit violation or compliance case, call our offices today to schedule a free consultation !