Court of Appeals Holds against ABC in finding that Rule 141 Must be applied in all cases.
Court of Appeals holds that Rule 141 requires dismissal by the ABC in all decoy cases prosecuted without the required face-to-face identification.
Stephen Warren Solomon and Ralph Barat Saltsman succeeded in persuading the Court of Appeal to construe Rule 141 to be applied precisely as it is written in Acapulco Restaurant, Inc, v. ABC Appeals board. The court found that in all police decoy cases, Rule 141 requires that the decoy subject to a face-to-face identification. Without such identification, the ABC has no choice but to dismiss the accusation. The ABC previously refused to dismiss such cases.
Solomon, Saltsman & Jamieson has won an extraordinary number of police decoy cases on this basis alone since this ruling.
Solomon Saltsman & Jamieson are attorneys practicing in the areas of ABC law, ABC Appeals Board cases, and all related Land Use Matters such as City and County Conditional Land Use Permits, Variances, Police and Fire Permits, Entertainment Law, Gaming Law, as well as Personal Injury litigation. Solomon Saltsman & Jamieson can be contacted at 800-405-4222.
