[hoseman]

Originally Posted by Sundance

My husband and I were enjoying a few beers Saturday when two police officers shinned flashlights into our golf cart and gave us tickets for open containers. Very bad experience and will not go back. So beware, you can get ticketed even walking around with drinks from the outside bars if you are not in the square. Villages is not fun anymore.

What brand of beer?

[keithgerri]

Holy Mackrel Better watch out watching the sunsets at Sunset Bay with some cheese,crackers and wine . Me thinks the police need to watch out more for thiefs,rapists and murderers. Guess they will have traffic stops there and can ticket everyone

[Bill32]

Originally Posted by paulandjean

Not sure if giving a ticket for having a beer in a golf cart is "Kudos" for police doing a great job and keeping us safe.Do not think I need the police to protect me from them two. Just my opinion.

[Skybo]

Originally Posted by John_W

Everyone knows the rules about drinking and driving on a roadway, it's the gray areas that cause confusion.

While at the square if you stand near your cart while drinking a beer = NO ticket.

While driving your golf cart on the golf course and drinking a beer = NO ticket.

Tickets like the OP was given are only given at SS and not at LSL, although the OP didn't mention what square was involved.

Selling liquor from the walk-up bars located on the the squares can add to the confusion. Signs could be attached to some of the poles at the squares stating "the consumption of alcohol while sitting in your parked cart will result in a fine".

John, the OP received their ticket at LSL (see thread title)

I agree with you about the gray areas, and actually it may be even grayer than you indicated. You might be able to stand next to your cart with a drink on some streets, but not others.

Case in point: I have asked for (and received) an alcoholic drink in a “to-go” cup from Urban Flats so that I could carry it over to the square. I was denied a “to-go” drink from Gators, and it was explained to me that they were not allowed to do that because they “weren’t on the square”. Perhaps the street between Urban Flats and the square is private and the street that Gators is on is public?

I also agree that some signage would be helpful.

[Trish Crocker]

I'm reading a lot of opinions and speculation...why doesn't someone actually check with the police and see exactly what the law is? (or, maybe they don't know either?) I promise when I get down there to not drink and drive..so if you see me walking, please give me a ride home

[John_W]

Originally Posted by Skybo

John, the OP received their ticket at LSL (see thread title)
...I also agree that some signage would be helpful.

I've read and heard about SS but that's the first time I've heard it happening at LSL. In fact we go at least twice a week to LSL and haven't see police there this summer except for a car fire back in July.

[JimPete]

Originally Posted by Trish Crocker

I'm reading a lot of opinions and speculation...why doesn't someone actually check with the police and see exactly what the law is? (or, maybe they don't know either?) I promise when I get down there to not drink and drive..so if you see me walking, please give me a ride home

Ok, as long as you're buying.

[villages3412]

Did you cart have tags for over the road. If it did then it is just like drinking in your car. Lady Lakes ticketed A number of driver drinking in taged over the road cards some months ago.

[Harry Gilbert]

Originally Posted by villages3412

Did you cart have tags for over the road. If it did then it is just like drinking in your car. Lady Lakes ticketed A number of driver drinking in taged over the road cards some months ago.

Tagged vehicle or not, makes no difference. You can be given a DUI on a lawn mower or bicycle if your on a public roadway. Sounds strange but its happened.

This link is strange DUI arrests that don't involve tagged vehicles including some in Florida. Good for a chuckle while learning

http://www.totaldui.com/news/celebri...n-car-dui.aspx

[bkcunningham1]

Look at it like this. The square is no different than a privately operated restaurant where alcohol is served. Only this restaurant is outdoors with music every night and no doors. Sort of a pull-up restaurant.

Like Margarittas or whatever it is called. They have a patio where you can sit and drink. You can't take their alcohol off their property. Their license doesn't cover beyond that.

A police officer is only one person. A single individual patrolling an area. He can only do so much. It is like speeding in a big cluster of cars on the interstate. You get pulled over. Everyone else was going as fast as you. Some faster. But you were the one that got pulled over and ticketed. Well, he/she can only pull them over one at a time. It just happened to be their lucky day.

[ilovetv]

Well it sure would be nice if these laws (or local ordinances?) on open containers while sitting in a vehicle and not operating it were published somewhere!

I looked in the Florida Driver's Handbook ( http://www.fpts.us/documents/Florida...r_Handbook.pdf ) and the only mention of an open container is on p. 16, where it says "open container by an operator" (gets 3 points).

Sitting in a golf cart (listening to music at the square) with a beer can open is not being "an operator".

I hope somebody in law enforcement or an attorney can explain this TV golf cart scenario better.

[bkcunningham1]

Here you go. This is just a part of the law. Read the rest at the link I provided at the bottom of this post. Drive safely folks. Be safe.

316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.--

(1) As used in this section, the term:

(a) "Open container" means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.

(b) "Road" means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

(2)(a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.

(b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt.

(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.

(4) An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.



http://archive.flsenate.gov/statutes...atuteYear=2004

[Chief X]

Why is it that so many people, with no law enforcement background or experience are so quick to make statements just because they don't agree with something? I'll never understand it, but I know that laws and powers of arrest are commonly misquoted. Everyone is an expert.

To the poster who stated that the police should be out looking for thieves, rapists and murderers..get real! All laws need to be enforced as much as practical. When is the last time that you looked a young mother eye to eye and had to tell her that her daughter was hit and killed by a drunk driver? My guess is --never.

To the poster who feels that watching the town squares for illegal (drunk driving) behavior is entrapment --do yourself a favor and look up the definition of entrapment in a criminal law dictionary. Sorry buddy, fail.

Regarding the question about keys in the ignition --although I am only familiar with NYS Vehicle and Traffic law, I know that many State laws mirror each other fairly closely. Why the key in the ignition issue comes into play is because under definitions, an operator would be a person operating a vehicle (including a golf cart), or a person in actual physical control of a vehicle. Keys in the ignition equates to being in actual physical control.
Many arrests in my past involved a drunk, passed out at the wheel (some even in the driving lane) with the vehicle engine off, but the key in the ignition. The operator, although not actually driving the car at the time that I came upon the scene, is still in actual physical control.

So the comment about "sitting in a golf cart with a beer can open, is not being an operator", I'm thinking he probably is an operator according to the law. But notice that I said that I'm "thinking" he is. Unlike you, who stated he is not an operator. If you know that as fact, fine. I don't think you do.

I don't mean to come off as having an attitude, but it's so common for everyone to jump to conclusions or be vocal about and misquote laws they have no clue about, just because they "think" they know the answer.

Like others have said on here, I too have lots of fun going out at night and either making arrangements for a ride home, or just not drinking. It's really not that difficult. Anyone living in the Villages who feels that there is too much enforcement and or the focus is on the wrong issues, I think should revisit their own lifestyle. I've never had a problem here with the law and it's very easy to obey the speed limits and enjoy all there is to enjoy.

Understand, I do drink and I enjoy it. I'm just smart about it.

[jackz]

Excellent reality check for people Chief.

Your points are more than valid.

I also enjoy a drink but do it wisely and will not get behind the wheel afterwards.

Hopefully these posts made people aware of the situation regarding alcohol and their golf carts and will help to avoid more people receiving citations.

[hedoman]

Originally Posted by Sundance

My husband and I were enjoying a few beers Saturday when two police officers shinned flashlights into our golf cart and gave us tickets for open containers. Very bad experience and will not go back. So beware, you can get ticketed even walking around with drinks from the outside bars if you are not in the square. Villages is not fun anymore.

OK WHERE were you parked? In the square or behind Fridays? I have been in a parking spot in front of the square consuming and no hassle. Tailgating at the Polo Fields = off road?. Good point about Sunset watching at the point! But is that off road?

It would be nice for us law abiding citizens to know what the law is? Are the multi-modal paths public streets or private drives? Parked in a parking space is "on the road"? What if the container was empty? Did the driver drink it or the passenger? If you have couzy covering the can may they remove it?

Inquiring minds want to know