View Single Post
 
Old 06-08-2011, 09:04 AM
PylutDood PylutDood is offline
Member
Join Date: May 2011
Posts: 75
Thanks: 0
Thanked 0 Times in 0 Posts
Default You would be surprised...

..how many police officers do NOT really know the law. There are Local, municipal, county, State and Federal Statutes and many overlap. Many times an officer will cite a statute that is "Close" to what the violation is and the statute will be interpreted in the "Field" to "Fit" the case (violation) and not followed to the letter.

So, is public drinking in the Squares pretty much a common and accepted practice? If allowed?...by who? TV?, Driving a Golf Car on a (so called) public street certainly seems to be.

Florida Statutes, as well as local, almost everywhere, state that it is a violation to operate a golf Car on a public street. So...I'am convinced there is some kind of "Exemption" coming into play here. The question is...where do the limits of the exemption (considering there is an exemption) extend to? The curb...the sidewalk? Or...no further than the railing along the outside patio of the vendor that you purchased the drink from?

Also...by legal definition a "Vehicle" in the State of Florida is defined as a motorized vehicle that is Registered, Tagged, insured and certified (usually by the manufacturer) legal to operate on public roadways.

As I see it, a golf car is not.

To what degree is "Public Drinking" a violation? Is it a felony, misdemeanor, or a local code violation? Excatly WHAT statute was cited as reference? It must be noted on the citation of violation.

If it were me in this circumstance, I would be looking into it further and doing some research and perhaps a court date before a judge would be in order. At the worst it may cost you a few extra bucks in court costs and at best you may be able to have the case dismissed entirely.

I would at least TRY !!! Any "Drinking" violation on your record could trigger warning flags in a lot of places (Auto, health insurance companies, employement background checks, driver license renewals, etc). It could be interpreted that you may have a "problem".