Gasparilla, Gasparilla Arrest, Gasparilla BUI

Gasparilla Arrests – Updated

Tampa Gasparilla
In 2010, Tampa Police cracked down hard on Gasparilla Arrests. That year the police arrested more than 400 party-goers. Since then the arrests have plummetted. You should still be safe. You should still be careful. If you need an attorney call 813.222.2220.

Avoid Gasparilla Arrests

  • If you are under 21 years old do not drink at all.
  • You should only drink or carry an open container in the “wet zone.”
  • You should use the port-a-potty. No one wants to have you urinate in public.
  • You want to be sure and park in an area that is legal parking.
  • Do not drink and drive. You can have a sober friend drive. Or you can call a taxi, Uber or Lyft.

Gasparilla Arrests Report

http://communitycrimemap.com/?address=tampa,fl
According to the Hillsborough County Sheriff’s records, there were few arrests at Gasparilla 2016. UPDATE: The final tally from the Tampa Police Department (TPD) was 24 misdemeanor arrests and 2 felony busts.  The Florida Game Commission made a BUI Boating Under the Influence arrest in Hillsborough Bay, there was some Disorderly Conduct, and a few Driving Under the Influence charges. Standby for an official announcement from law enforcement source.
 
Channel 28 initially reported #Gasparilla Arrest Update: “Tampa Police . . . two felony arrests & 21 misdemeanor busts.”

Tampa Police Department Reports Felony Arrests

1 aggravated battery/active warrant
1 battery on a law enforcement officer
2 Total Felony Arrests for Gasparilla

Misdemeanor Charges Reported by the Tampa Police

4 possession of marijuana
3 adult underage drinking
3 boating under the influence
3 disorderly conduct
3 resist arrest without violence
2 trespass after warning
1 battery
1 open container/striking a police horse
1 open container
1 petit theft
1 possession of a synthetic drug
1 open container citation
24 Misdemeanor Arrests for Gasparilla

Gasparilla Arrest, Gasparilla, Gasparilla BUI
Gasparilla BUI Arrest Report

 

Gasparilla Arrest Video

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Tampa Gasparilla Pirate Invasion 2018 | Avoid BUI Charge

Every year hundreds join the Tampa Gasparilla Pirate Invasion by boat. This year, Saturday, January 27 the crew will start its journey at 9:00 a.m. and ends at the Tampa Convention Center at 1:00 p.m. when the crew captures the Mayor. Many people have their own parties alongside the Gasparilla Flotilla. You can avoid a BUI charge by having a designated driver on the boat. If you need an attorney call 813.222.2220

Gasaparilla Is Just For Fun Not For BUI Charge Or DUI Charge

You can learn more about the Florida BUI (Boating Under the Influence) Charge. Here are 16 Tips For Surviving Gasparilla Pirate Fest Invasion. Then you can look at The Official Flotilla and Parade Maps. The parade begins Bayshore Boulevard at Bay to Bay Boulevard at 2:00 p.m. Then the parade ends on Ashley Drive when it reaches Cass Street around 5:30 p.m. You don’t want to forget that the NHL All-Star Weekend is also this weekend in downtown Tampa. That will add to the crowds and may increase parking issues, Special event rates will be in place for parking in public garages and privately operated lots throughout downtown Tampa and around Bayshore Boulevard. Most fill up by 10:30 a.m. If you made a bad decision or got confused with someone who did call an expert attorney call 813.222.2220

BOAT3051, Boating Under the Influence, Florida Statute 327.35.1, Gasparilla

Tampa Attorney BUI | Boating Under Influence | Gasparilla Arrest

BUI Boating Under the Influence Tampa Lawyer
Tampa Attorney BUI
Boating Under the Influence

Update: Sobriety Testing in Boating Under the Influence Cases

One Court recently found that an Officer with Fish and Wildlife Commission did not have a good reason to suspect that a crime was in progress. Florida Law Weekly reported the cop did not have a “reasonable suspicion of criminal activity which would justify detaining defendant, who had been stopped for slow speed zone violation, beyond the time necessary for issuing citation.” 
“this Court finds that there was no reasonable suspicion of criminal activity to justify the detention beyond issuing the citation for the boating violation”
The evidence and the BUI charge was thrown out on a “Motion to suppress evidence obtained by law enforcement as result of field sobriety exercises.”
Jump to the end of this page to see the court’s reason.

What can boat operators expect during the Gasparilla celebration in Tampa, Florida?


Gasparilla Florida BUI Lawyer (Boating Under the Influence ) expects an uptick in enforcement for the Gasparilla Pirate Fest Weekend. Operating a vessel while impaired is a criminal offense. Under Florida boating laws, it is illegal to operate a boat or any type of watercraft while under the influence or impaired by alcohol. A BAC or blood alcohol content level of 0.08% or higher, can result in a charges also. Under the age of 21, a level higher than 0.02% can result in charges.

Quick Fact on Refusal to Submit to Testing

Vessel Operators who have previously refused to submit to chemical test can be charged with a separate misdemeanor crime. Learn more about the consequences of a second refusal to submit here.

In one recent Piratefest weekend there were 5 Gasparilla BUI Boating Under the Influence Arrests. The Police, Sheriff’s Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests made on the water. See Tampa Attorney BUI Tampa Lawyer BUI Video Below.

Fla Stat 327.35 
Boating under the influence

Penalties for BUI – boating under the influence can include jail time, fines up to $500.00 for 1st offenses, fines up to $1,000 for 2nd offenses, and drug and alcohol rehabilitation programs. Those facing 3rd and 4th convictions of BUI are often charged with a felony instead of a misdemeanor.

Gasparilla Tampa, Florida BUI Boating Under the Influence Lawyer Attorney Video
BOAT3051 Florida Statute 327.35.1 Misd 2nd BOATING UNDER THE INFLUENCE
Fla Stat 327.35
Boating under the influence; penalties;
(1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.

Order Suppressing Evidence in a Boating Under the Influence Case

STATE OF FLORIDA v. SAMUEL ROBERT MOONEY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2016-103309MMDL. July 20, 2017. Steven Henderson, Judge.

ORDER

This case came before the Court on Defendant’s Motion to Suppress for a hearing held on July 20, 2017, and this Court having heard testimony from witnesses and the arguments of counsel does find as follows:

FACTS

On June 4, 2016, Officer McKee of the Florida Fish and Wildlife Conservation Commission (FWCC) was on routine airboat patrol on Lake George in the St. Johns River near Marker 17. The officer was monitoring an area near that point that was marked as a slow speed zone, requiring operators of vessels to keep the bow of the boat in the water and to not create a wake. He observed a bass boat being operated by the Defendant proceeding through the zone in compliance with the no wake requirement. The officer testified that about 200 yards before the end of the slow speed zone, the Defendant accelerated his vessel, coming up on a plane and creating a wake in violation of the slow speed zone. The officer turned on his blue lights on his FWCC-marked airboat and proceeded to intercept the Defendant. The officer testified that the Defendant immediately complied with the officer’s directions to stop his boat and turn off his engine. The officer testified that he kept his boat about 10 feet away from the Defendant’s boat to avoid the boats colliding and causing any damage.

The officer testified that initially he couldn’t hear what the Defendant was saying because the airboat engine was too loud. He also said that he could see an open beer container in the boat near the Defendant, but also conceded that he never touched the beer can and had no idea how long the beer can had been in the boat. He also never asked the Defendant who was drinking the beer or whether they had been drinking at all. There was no testimony that the can had condensation on it, nor was there any testimony that the can actually even contained any alcohol whatsoever. The officer testified that he asked the Defendant some routine, questions like if he knew where he was at, to which the Defendant replied he wasn’t familiar with that area of Volusia County since he is from Putnam County. The officer asked for life jackets and the Defendant complied with his request. He asked who owned the boat, and the Defendant stated it was his boat.

The officer testified at the hearing that the Defendant’s speech sounded slurred and his responses to questions were incoherent, but the officer also conceded that he doesn’t know the Defendant and isn’t familiar with how the Defendant normally speaks. The officer also could not elaborate on what he meant when he said the Defendant was incoherent, and conceded that the Defendant was able to answer his questions appropriately. He testified that the Defendant’s appearance was that of a normal fisherman and that his eyes seemed glassy from the wind.

The officer testified that there was a passenger in the boat who was being belligerent and cursing, which caused the officer to be concerned for his personal safety. He testified that the Defendant occupied himself with getting the passenger to be quiet and to stop cursing the officer, which he finally was able to do.

Officer McKee admitted on cross examination that the bulk of his incident report was actually prepared 3 days after the initial contact and arrest was made, and that he had excluded from his report a number of details relating to the incident. He also admitted that given the passage of time since the arrest he could not recall all of the specifics relating to what exactly was said or done by the Defendant that seemed incoherent on the date of the arrest. He also admitted that it is not illegal to possess alcohol in a vessel in Volusia County, nor is it illegal to drink a beer on a boat.

Based on the presence of the beer can, the officer’s testimony that the Defendant’s speech sounded slurred, and his speeding in a no wake zone, the officer asked the Defendant to submit to field sobriety exercises (FSEs). The Defendant agreed and, at the officer’s request, stepped onto the officer’s boat to perform the exercises. There was no testimony that the Defendant had any difficulty with standing, walking, or jumping from one boat to the other. There was no testimony that the Defendant had any dexterity problems and there was no testimony that the Defendant had any odor of alcohol coming from his person. Furthermore, there was no testimony that the Defendant made any admissions or statements against interest relating to having consumed any alcohol prior to the request for the FSEs. Ultimately, the Defendant was arrested on suspicion of boating under the influence (BUI).

The defense filed this motion challenging the reasonable suspicion of the officer to detain the Defendant longer than reasonably necessary to issue him a citation for the speed zone violation and to begin conducting a BUI investigation.

LEGAL ANALYSIS

Whenever any law enforcement officer encounters any person under circumstances which reasonably indicate that the person has committed, is committing, or is about to commit a crime, the officer may temporarily detail such person for the purpose of investigating the possible criminal conduct. See section 901.151(2), Fla. Stat. (2017).

In order to detain a defendant beyond the time necessary to issue a citation or warning, the officer must have “reasonable suspicion based upon articulable facts that criminal activity may be afoot.” Cresswell v. State, 564 So.2d 480 (Fla. 1990). (emphasis added) When reviewing the factors involved in determining whether reasonable suspicion existed, the totality of the circumstances must be considered and “include: the time of day; the appearance and behavior of the suspect; the appearance and manner of operation of any vehicle involved; and anything incongruous or unusual in the situation as interpreted in light of the officer’s knowledge.” Grant v. State, 7l8 So.2d 238, 239 (Fla. 2d DCA 1998) [23 Fla. L. Weekly D1969a].

To justify temporary detention of a person, there must be a “founded” suspicion in the mind of the police officer that the person has committed, is committing, or is about to commit a crime. A “founded” suspicion is one which has some factual foundation in the circumstances observed by the officer when those circumstances are interpreted in light of the officer’s knowledge. “Mere suspicion . . . is . . . random selection, sheer guesswork, or a hunch; it has no objective justification.” Elliott v. State, 597 So.2d 916, 917-18 (Fla. 4th DCA 1992). “Both the founded suspicion standard and the probable cause standard require the officer to interpret a factual foundation in light of the officer’s knowledge and experience. The difference between the two lies in the degree of probability.” Id. at 918.

Absent an articulable suspicion of criminal activity, the time an officer takes to issue a citation should last no longer than is necessary to make any required license or registration checks and to write the citation. See Maxwell v. State, 785 So.2d 1277 (Fla. 5th DCA 2001) [26 Fla. L. Weekly D1445b].

CONCLUSION

In the case at bar, the basis for the officer’s request to perform FSEs was the boating violation, the incoherent answers, the presence of the beer can, and the slurred speech. However, given the specific facts of this case viewed in light of the testimony presented at the suppression hearing, this Court finds that there was no reasonable suspicion of criminal activity to justify the detention beyond issuing the citation for the boating violation. There was no testimony of an odor of alcohol on the Defendant’s person, there was no evidence of alcohol consumption by the Defendant beyond the mere suspicions of the officer due to the presence of the beer can that may or may not have even contained any alcohol, and there was no evidence of any other indicators of impairment like glassy, bloodshot eyes due to intoxication, flushed face, poor balance, or anything of like nature. According to the testimony, there was nothing inherently dangerous or incongruous about how the Defendant was operating his vessel.

In this Court’s opinion, the testimony provided by the officer was contradictory. At first he testified that the Defendant was incoherent, but then he clarified and said he meant he couldn’t hear the Defendant due to the engine noise from the airboat. He then testified that the Defendant was incoherent when responding to other questions but couldn’t provide any specific examples of what he meant. At the same time he testified that the Defendant appeared to know where he was at, was able to provide proof of lifejackets immediately upon request, was able to answer questions about who owned the boat, was able to deal with the unruly passenger in an appropriate manner, and was able to move about both boats without any signs of impairment.

The only competent, uncontradicted evidence that was presented to the Court was that the Defendant had slurred speech. Without some additional evidence that the slurred speech was due to impairment by drugs or alcohol, this Court finds that to be insufficient evidence of impairment to establish the necessary reasonable suspicion of BUI to justify the continued detention of the Defendant.

WHEREFORE, based on the foregoing, Defendant’s motion to suppress unlawfully obtained evidence is hereby GRANTED. All evidence obtained by law enforcement as a result of the field sobriety exercises and the Defendant’s subsequent arrest for BUI are hereby suppressed as the fruits of the poison tree.

Arrest, Driving Under Influence DUI Property Damage Injury 2nd Conviction, Gasparilla, Gasparilla Arrest Video, Gasparilla BUI

16 Tips For Surviving Gasparilla Piratefest Invasion

How to Survive Gasparilla Pirate Invasion


Gasparilla Tips
Tampa Gasparilla Tips
for Avoiding Arrests
Tampa Police Department (TPD) used to arrest between 200 and 400 people each Gasparilla on alcohol charges. Now many are issued civil citations for violating the open container law which includes a fine of $75 – $450. In 2012, TPD issued 302 open containers violation civil citations. Tampa Police Department also arrested 8 pirates for Driving Under the Influence (DUI) and 27 underage drinking pirates.

Believe it or not, it is possible to enjoy the Gasparilla Pirate Invasion without waking up with a criminal record or regretting your own birth. Tampa Police Department (TPD) is on a mission to protect and serve during this years Gasparilla Festivities. As you are walking around you may feel like someone is watching you.. You aren’t just paranoid, “Big Brother” is watching. The Tampa Police Department has been using mobile surveillance camera units put in place to help secure the Republican National Convention last year.

Other Coverage of Gasparilla Pirate Invasion

16 Tips For Surviving Gasparilla Piratefest Invasion

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Jan 30, 2016 – Tampa Police Department (TPD) is on a mission to protect and serve during this yearsGasparilla Festivities. As you are walking around you may feel like someone is watching you.. You aren’t just paranoid, “Big Brother” is watching.

Gasparilla Arrests – Updated

www.dui2go.com/2016/01/gasparilla-arrests.html

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Feb 2, 2016 – According to the Hillsborough County Sheriff’s records there were few arrests atGasparilla 2016.

Tampa Attorney BUI | Boating Under Influence | Gasparilla Arrest

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Jan 23, 2014 – Call 813-222-2220. Tampa Attorney BUI | Boating Under Influence | Tampa Lawyer BUI |Gasparilla Arrest. tampa attorney bui.

Gasparilla Arrest or Notice to Appear Get Affordable Help From an …

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Jan 29, 2016 – Is there a history of arrests at the Gasparilla Pirate Parade? In 2010 there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff’s …

Gasparilla Wet Zone Map 

www.dui2go.com/2016/01/gasparilla-wet-zone-map-parade.html

 Rating: 5 – ‎Review by Google+ User

Jan 29, 2016 – Gasparilla Wet Zone Map – Gasparilla Parade Map – Legal Alcohol Zone Map.

Believe it or not, it is possible to enjoy the Gasparilla Pirate Invasion without waking up with a criminal record or regretting your own birth. Tampa Police Department (TPD) is on a mission to protect and serve during this years Gasparilla Festivities. As you are walking around you may feel like someone is watching you.. You aren’t just paranoid, “Big Brother” is watching. The Tampa Police Department has been using mobile surveillance camera units put in place to help secure the Republican National Convention last year.
Tampa Police believe the cameras will help to stop fights and find lost children.  American Civil Liberties Union of Florida president Mike Pheneger said,”It sounds like (Tampa Police Chief Jane Castor) wants to use them [the cameras] for a set of problems that haven’t materialized in previous Gasparilla parades.” The Tampa Police will also use Bobcat Golf Carts, bicycles, Segways, and horses.
So here are some guidelines to follow so you wont need legal representation.
Gasparilla Wet Zone Map 2016
Gasparilla Wet Zone Map
2016

Strictly Enforced By the TPD:

  • Must be 21 or older to consume alcohol
  • Open containers only permitted in designated areas
  • Alcohol may not be consumed from kegs or large vessels
  • Must purchase alcohol from vendors
  • Only cans or plastic bottles permitted; no glass or Styrofoam cups or containers
  • Use port-o-lets and other restroom facilities, no public urination
  • No Fighting
  • No Property damage
  • No Trespassing – the parade goes through residential neighborhoods be respectful of their private property.
  • No nudity or flashing (not even in exchange for beads)
  • No Public intoxication
  • No Driving under the influence
  • No motorized vehicles or bicycles
  • No Weapons
  • No Illegal drugs
  • No coolers
Some Good Ideas:
  • Park Remotely – There will be plenty of parking at Raymond James Stadium with a shuttle to the parade route. There is also parking in the Ybor City Garage and take the street car trolley. Some will park in downtown Tampa and Channelside garages or parking lots.
  • Drink water. Standing outside can dehydrate you and alcohol won’t help.
  • Eat before you start drinking.
  • Assign a Designated Driver or plan on taking a taxi home.
  • Don’t throw away recyclables look for recycling receptacles.
Source: http://www.tampabay.com/news/police-will-watch-gasparilla-crowd-with-cameras-bought-for-rnc/1270946
alcohol violations, Arrest, disorderly conduct, Gasparilla

Tampa Defense Attorney | Gasparilla Arrest Report Update

Tampa Defense Attorney notes media report: “Tampa police reported 349 arrests, most for alcohol violations and all but three misdemeanors. The felonies were charges for grand theft auto, resisting arrest with violence and battery on a law enforcement officer. Hillsborough County deputies made an additional 10 arrests on disorderly conduct or open container charges.”

Arrest Report Gasparilla Update | 359 Arrests


Gasparilla Arrest Report Update