In any criminal prosecution or in any proceedings for the suspension or revocation of a license, or in any proceeding for violation of a municipal or county ordinance prohibiting the gift, sale or service of alcoholic beverages to minors, proof that the accused licensee in good faith demanded and was shown an identity card before furnishing any alcoholic beverages to a minor shall be a defense to the prosecution or proceedings.
History: Laws 1981, ch. 39, § 86; 1985, ch. 184, § 3.
The good faith defense is not limited to identification that is fraudulent. ERICA, Inc. v. N.M. Regulation & Licensing Dep't, 2008-NMCA-065, 144 N.M. 132, 184 P.3d 444.
Driver's license lacked legend that licensee is under twenty-one. — The good faith defense is not precluded as a matter of law where a liquor store employee relies on the absence of the printed legend on the driver's license of a minor indicating that the licensee is under twenty-one, which is required by Section 66-5-47 NMSA 1978, to determine whether the licensee is a minor, even though the birth date of the licensee on the driver's license shows that the licensee is under twenty-one. ERICA, Inc. v. N.M. Regulation & Licensing Dep't, 2008-NMCA-065, 144 N.M. 132, 184 P.3d 444.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.