Civil burden of proof preponderance of evidence

Constructive knowledge

appreciably impaired

Bier what kind of LEO work, what kind of LC work primarily, conviction rate, complaints against him,
etc.

Complaints from who? Sales of liquor this is wine to drunks and minors what minors

How far away from window was surveillance how far away from counter was window

Was the window clean, was it foggy

How obstructed by view was advertising

How do they know store clerk is only one operating store

disheveled

How bright was the street

Watkins how know not injured, sleepy, etc.

Jones and Watkins convo what about, etc.

J and W only visible from shoulder up

No apparent stumbling etc. by W in store perhaps it was lighting, visibility issues in street

W didnt look around just went to register and talked

Perhaps W stole the wine when J turned around

Nothing in report to indicate that J sold anything to W

Eyes glassy bloodshot where they glassy, etc. in the store how long elapsed b/t time W entered store
and left perhaps got drunk in the store perhaps eyes, etc. are due to medical issues odor could
come from bottle itself or from spill in the store

NO RECEIPT = NO SALE

W sez purchased win from here but doesnt say WHEN he purchased it from there perhaps held
behind the counter for him to get later

Why arrest for public intoxication after if he was drunk the whole time

What are the hours of the store

How much is Bier vs Smith in report or observations

W guilty of

We say not intoxicated obviously

Familiar but no statement that he was customer

Sold some inexpensive wine to someone w/in 10-15 minutes but nothing that it was thunderbird

Someone disheveled but not saying was drunk

Store policy

was his speech slurred, was the odor of alcohol on his breath, was he stumbling or staggering in the
store, did he stumble during the tests

moderately busy during that time period

dont want to be fired

dont want another DUI

knowledge of other stores problems