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SANFORD BOATING UNDER THE INFLUENCE REDUCED TO CARELESS BOATING

Case:  State of Florida vs. XX, Seminole County, Sanford, Florida
Judge:  The Honorable Mark E. Herr
Charges:  Boating Under the Influence
Arresting Agency:  Florida Fish and Wildlife
Facts:  The Officer stopped the client while boating on Lake Monroe for allegedly speeding. Upon stopping and boarding the boat the Officer found an open beer, which is entirely legal, smelled alcohol on my clients breath, also legal, and then requested he perform exercises on deck. Despite the fact XX was asked to perform difficult tasks while on a rocking boat in the middle of the lake the Officer nonetheless arrested XX.
Defense:  Upon the filing of a motion to suppress based on a potential illegal stop as well as motion to dismiss the state folded and offered to reduce the charge to a civil infraction, careless boating.
Result:  BUI dismissed charges reduced to Careless Operation of a Vessel and a $250 fine only

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