Spring Break High Tech Mobile Arrest | Florida Update

Spring Break Update |Criminal Defense Expert, notes that some police agencies are employing mobile 3G and WiFi ID Card Scanners, and a non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in a permanent criminal record. See details about this charge below.

Also we note that one restaurant on a beach has over a dozen security cameras monitoring the activities of beach-goers. One media outlet predicted, “more than 2 million students will be on break.” BayNews9.com . With the foolishness of zero-tolerance policies we expect Florida Courts and jails to be packed. Casey frequently represents out-of-state visitors charged with offenses while on vacation.

For Help Call (813) 222-2220

Security Cameras

One small Florida police department has even installed a couple of cameras mounted on utility poles to monitor beach visitors. Expect that law enforcement will also be using readily available portable card scanners that will retrieve age information from the back of Florida (and possibly other) state driver’s licenses.

According to official sources with the State of Florida, “The (Florida License and ID Cards) cards are created using a new, updated digital imaging process. This process stores all the information from the front of the card in a 2-D barcode and magnetic stripe located on the back (see photo to your left). Driver license class, restrictions, conditions, and endorsements specific to the driver are printed on the back.” DHSMV Official Site.

For Help Call (813) 222-2220

Disorderly Conduct | Summary of Charge

Florida Statute: 877.03
Level: 2nd Degree Misdemeanor

Breach of the peace; disorderly conduct.

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

For Help Call (813) 222-2220

Underage Drinking | Open Container | Summary of the Charges

Many Florida Communities have very stringent Open Container Laws that prohibit possession of open containers away from licensed facilities (Bars) and particularly on some beaches. Below are details of one such ordinance.

Sample Open Container Ordinance

Tampa Open Container Ordinance Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.

(a)It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.

(b)It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.

(1)As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.

(2)An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.

(c)Subsections (a) and (b) do not apply when:

(1)The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code; or

(2)A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or

(3)Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law; or

(4)A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.

For Help Call (813) 222-2220

Florida Underage Drinking Statute

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

For Help Call (813) 222-2220

Source: baynews9.com
flhsmv.gov