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St. John’s River Bui Reduced To Disorderly Intoxication

Case:  State of Florida vs. XX, Seminole County, Sanford, Florida
Judge:  The Honorable Debra Krause
Charges:  Boating Under the Influence
Arresting Agency:  Florida Fish and Wildlife
Facts:  XX and his family were enjoying a Saturday afternoon on the St. Johns River in what is known as "Red Neck Island". While pulling a friend on an inner tube XX's boat was stopped on Lake Monroe in Sanford by FWC for purposes of what the Officer said was a "random safety inspection". The Officer allegedly smelled alcohol and other indicators of impairment. The Officer then took XX have his boat and drove him to shore where XX performed field sobriety exercises. XX refused to submit to prove a sample of his breath at the jail.
Defense:  The State had no video or breath sample, the only evidence was the Officer's biased account of the events. Further, the Officer had XX perform the standard DUI exercises on shore because the Officer was unfamiliar with the tasks usually request by BUI technicians. Ryan was able to get the State to drop the BUI based on the State's inability to potentially prove the crime at trial.
Result:  BUI reduced to Disorderly Intoxication