Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Sumter County Sherif on MMP (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/sumter-county-sherif-mmp-349393/)

Robojo 04-20-2024 08:24 AM

Quote:

Originally Posted by Altavia (Post 2323276)
Traffic offenses arenot a crime so a traffic stop on private property for the express purpose of issuing a citation would be dismissed.

Officers may investigate crimes on private property. That means an officer can pull over someone who is suspected of DUI on private property because DUI is a crime.

I'm not so sure about that. If I have a 35 acre farm and I'm driving in circles on my farm and I'm drinking there's not d*** thing anyone can do about it so no it's not illegal to drink and drive on private property.

onfire 04-20-2024 08:34 AM

Quote:

Originally Posted by Normal (Post 2323313)
The CDD would have to issue the citation? That will never happen. They can’t enforce the existing rules, which are not laws.

According to Florida Statutes a CDD "may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries".

So it seems if no agreement exists then anything goes on the MMP's.

Indydealmaker 04-20-2024 08:37 AM

Quote:

Originally Posted by frayedends (Post 2323203)
I realize they can't cite for speeding on MMP, but if the cart is going over 25 can't they cite for not having it registered as a low speed vehicle?

Yes, they can and will. However, a street legal cannot exceed 24 mph. A golf cart is restricted to 20 mph.

Indydealmaker 04-20-2024 08:41 AM

Quote:

Originally Posted by Altavia (Post 2323276)
Traffic offenses arenot a crime so a traffic stop on private property for the express purpose of issuing a citation would be dismissed.

Officers may investigate crimes on private property. That means an officer can pull over someone who is suspected of DUI on private property because DUI is a crime.

Speeding is not the citation. Driving an illegal unregistered vehicle is a crime. Illegally modified golf carts and street legals constitutes the crime.

Normal 04-20-2024 08:55 AM

Sort of
 
Quote:

Originally Posted by Indydealmaker (Post 2323329)
Speeding is not the citation. Driving an illegal unregistered vehicle is a crime. Illegally modified golf carts and street legals constitutes the crime.

chevron-right

“After passing the golf cart, the vehicle achieved a speed of 25 mph within the golf cart lane.“

gorillarick 04-20-2024 09:11 AM

The speed limit for everything on the MMP is 20 mph. No signs posted means 20 in TV.

To pass (cart, bike, or pedestrian) there must be a minimum of 3 feet clearance. Florida Law applies.

btw: when the MMP splits (one way), there is not room to pass a bike. Bikes cannot be expected to leave the path.
Be patient. Your beer will not get hot by being delayed by 15 seconds.

Bill14564 04-20-2024 09:35 AM

Quote:

Originally Posted by Normal (Post 2323336)
chevron-right

“After passing the golf cart, the vehicle achieved a speed of 25 mph within the golf cart lane.“

That was the reason for the stop but it was not speeding.

The article goes on to say the individual was arrested for driving without a license and another article implied there might have been a ticket for operating a registered LSV in the diamond lane.

Bill14564 04-20-2024 09:40 AM

Quote:

Originally Posted by gorillarick (Post 2323346)
The speed limit for everything on the MMP is 20 mph. No signs posted means 20 in TV.

To pass (cart, bike, or pedestrian) there must be a minimum of 3 feet clearance. Florida Law applies.

btw: when the MMP splits (one way), there is not room to pass a bike. Bikes cannot be expected to leave the path.
Be patient. Your beer will not get hot by being delayed by 15 seconds.

20 mph applies to public roads. I do not recall seeing that it applies to the MMPs.

Of course, since golf carts are not capable of exceeding 20mph one could consider it an effective speed limit. But, since there is no enforcement on the MMP there is no actual limit on the MMPs.

The diamond lanes are not MMPs. Most (all?) are on public roads so those laws apply.

I have seen the statute that requires giving bicycles three feet of space when passing. Please provide the citation of the Florida law that requires the same for golf carts or pedestrians.

Shipping up to Boston 04-20-2024 09:42 AM

Quote:

Originally Posted by onfire (Post 2323324)
According to Florida Statutes a CDD "may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries".

So it seems if no agreement exists then anything goes on the MMP's.

So when it’s convenient for the CDD....got it.

I’m assuming that exercising such a contract would generate an invoice for said ‘increased’ services from those agencies....that would be ultimately paid for by District residents? (In absence of the FL Statutes)

JMintzer 04-20-2024 09:46 AM

Quote:

Originally Posted by merrymini (Post 2323199)
My electric cart can to 70 miles before running low on a charge and not stink up my house or tunnels. Your bias is showing.

As is yours...

Altavia 04-20-2024 09:50 AM

Quote:

Originally Posted by Normal (Post 2323336)
chevron-right

“After passing the golf cart, the vehicle achieved a speed of 25 mph within the golf cart lane.“


"Online records show since then, the charge was reduced and the case transferred to another court."

Altavia 04-20-2024 09:54 AM

Quote:

Originally Posted by Robojo (Post 2323319)
I'm not so sure about that. If I have a 35 acre farm and I'm driving in circles on my farm and I'm drinking there's not d*** thing anyone can do about it so no it's not illegal to drink and drive on private property.

You are at a minimum putting first responders at risk in the event something bad happens and a (dangerous) rescue is required.

Florida law defines DUI broadly, so it does not matter where you drive under the influence. It’s against the law.

The statute says that no type of vehicle may be operated by anyone who is under the influence of alcohol or drugs anywhere “within this state,” including private property.

Normal 04-20-2024 09:58 AM

Fly
 
Quote:

Originally Posted by Bill14564 (Post 2323354)
That was the reason for the stop but it was not speeding.

The article goes on to say the individual was arrested for driving without a license and another article implied there might have been a ticket for operating a registered LSV in the diamond lane.

Wish I could have been the fly on the wall to watch the tap dance he did for the officer.

Shipping up to Boston 04-20-2024 10:03 AM

Quote:

Originally Posted by Normal (Post 2323365)
Wish I could have been the fly on the wall to watch the tap dance he did for the officer.

Anything remotely entertaining will eventually end up on YouTube by the agency. So forget the fly costume...just log in! ;)

Phil D 04-20-2024 01:30 PM

The Sheriff can not pull you over on the map but at some point
 
When you have to cross a Driveway he can pull you over if you have been drinking you most likely will be taking a ride with the Sheriff to Bushell,look it up.

bmcgowan13 04-20-2024 02:57 PM

Quote:

Originally Posted by Robojo (Post 2323319)
I'm not so sure about that. If I have a 35 acre farm and I'm driving in circles on my farm and I'm drinking there's not d*** thing anyone can do about it so no it's not illegal to drink and drive on private property.

316.193 Driving under the influence; penalties.—
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

Splitting hairs but I always thought driving anywhere "in the state" under the influence was illegal. If you are on your own property and there is an accident serious enough to have FHP investigate you could be charged with DWI--anywhere in the state of Florida--including private property that is open to the public (mall parking lot). This applies to DWI and (I thought) suspended licenses and reckless operation.

Registration violation require operation on roads...
320.02 Registration required; application for registration; forms.—
(1) Except as otherwise provided in this chapter, every owner or person in charge of a motor vehicle that is operated or driven on the roads of this state shall register the vehicle in this state.


Speed requires a public roadway...
316.183 Unlawful speed.—
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a coun...

Can You Be Arrested for DUI on Private Property in Florida? -.

If you crash your golf cart on a MMP I think local officials could charge you with DUI....even though the MPP may not be a public way...

Shipping up to Boston 04-20-2024 03:10 PM

Quote:

Originally Posted by bmcgowan13 (Post 2323445)
316.193 Driving under the influence; penalties.—
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

Splitting hairs but I always thought driving anywhere "in the state" under the influence was illegal. If you are on your own property and there is an accident serious enough to have FHP investigate you could be charged with DWI--anywhere in the state of Florida--including private property that is open to the public (mall parking lot). This applies to DWI and (I thought) suspended licenses and reckless operation.

Registration violation require operation on roads...
320.02 Registration required; application for registration; forms.—
(1) Except as otherwise provided in this chapter, every owner or person in charge of a motor vehicle that is operated or driven on the roads of this state shall register the vehicle in this state.


Speed requires a public roadway...
316.183 Unlawful speed.—
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a coun...

Can You Be Arrested for DUI on Private Property in Florida? -.

If you crash your golf cart on a MMP I think local officials could charge you with DUI....even though the MPP may not be a public way...

The key here is probable cause. The OP you referenced only mentions having a drink on a machine....on a 35 acre private property. No mention of being drunk. No LEO is going to cross that boundary over a 12 ounce beverage while exercising a household chore!

Blueblaze 04-20-2024 04:10 PM

Well, they may not be willing to get involved in a home invasion and burglary, but at least they're finally enforcing that all-important golf cart speed limit on non-public, non-county public roads! We sure can't have crazies zooming along at 23-1/2 with broken governor on their 20mph golf cart! You gotta draw a line somewhere!

BobnBev 04-20-2024 04:37 PM

Quote:

Originally Posted by mike234 (Post 2323237)
next comes registering or numbering your cart. and you will pay for it too....its coming

Long overdue.

Altavia 04-20-2024 05:08 PM

Quote:

Originally Posted by Shipping up to Boston (Post 2323450)
The key here is probable cause. The OP you referenced only mentions having a drink on a machine....on a 35 acre private property. No mention of being drunk. No LEO is going to cross that boundary over a 12 ounce beverage while exercising a household chore!

What part is "The statute says that no type of vehicle may be operated by anyone who is under the influence of alcohol or drugs anywhere “within this state,” including private property." not clear?

So a grandchild is on a ATV zooming sounds the property while Grandpa is enjoying a cold one. The ATV rolls on the side of a hill and kills the child.

An "accident" is now a DUI involuntary homicide.

Normal 04-20-2024 05:32 PM

Mowing
 
Quote:

Originally Posted by Altavia (Post 2323471)
What part is "The statute says that no type of vehicle may be operated by anyone who is under the influence of alcohol or drugs anywhere “within this state,” including private property." not clear?

So a grandchild is on a ATV zooming sounds the property while Grandpa is enjoying a cold one. The ATV rolls on the side of a hill and kills the child.

An "accident" is now a DUI involuntary homicide.

There goes mowing the lawn on a John Deere and cracking a cold brew.

Shipping up to Boston 04-20-2024 05:41 PM

Quote:

Originally Posted by Altavia (Post 2323471)
What part is "The statute says that no type of vehicle may be operated by anyone who is under the influence of alcohol or drugs anywhere “within this state,” including private property." not clear?

So a grandchild is on a ATV zooming sounds the property while Grandpa is enjoying a cold one. The ATV rolls on the side of a hill and kills the child.

An "accident" is now a DUI involuntary homicide.

Hypotheticals are rarely effective here. Maybe show some case law, FL specific....using the OP post as a reference point. Pretty benign stuff!

bmcgowan13 04-20-2024 10:28 PM

Quote:

Originally Posted by Shipping up to Boston (Post 2323485)
Hypotheticals are rarely effective here. Maybe show some case law, FL specific....using the OP post as a reference point. Pretty benign stuff!

Google Zink v State of Florida So 2d 1984

Zink recognized you can be charged with DWI even on private property--operation does not have to be a public roadway or highway. The court believes the DWI statute was written to control the condition of the operator--not the location of the offense.

Shipping up to Boston 04-20-2024 11:47 PM

Quote:

Originally Posted by bmcgowan13 (Post 2323526)
Google Zink v State of Florida So 2d 1984

Zink recognized you can be charged with DWI even on private property--operation does not have to be a public roadway or highway. The court believes the DWI statute was written to control the condition of the operator--not the location of the offense.

You do know we’re talking about an individual, on a 35 acre private property having a beer, right? Not drunk, not rising to a DUI. Yes, that was the context. All the other tentacles that grew out of the OP post is typical of ToTV sensationalism. No mention of grandchildren whizzing around on an ATV while grandpa operates a machine drunk and involuntary homicides. I’m sure you can dig deeper and find a case where a Karen or Darren summons law enforcement to address a neighbor riding on his Toro engaging in a chore while enjoying a cold beverage....and finds probable cause to enter private property to arrest said land owner. Can’t wait. And we wonder why we have a historic shortage of LEO in this country! Smh

bsloan1960 04-21-2024 07:04 AM

Quote:

Originally Posted by mike234 (Post 2323237)
next comes registering or numbering your cart. and you will pay for it too....its coming

And well it should. It's time outrageous behaviors can be reported and punished.

biker1 04-21-2024 07:48 AM

Where will the requirement come from? State, County, or CDDs? I doubt any of those entities are interested.

Quote:

Originally Posted by mike234 (Post 2323237)
next comes registering or numbering your cart. and you will pay for it too....its coming


nn0wheremann 04-21-2024 07:52 AM

Quote:

Originally Posted by UsuallyLurking (Post 2322912)
North of 466 MMPs are owned by the individual districts. I believe that south of 466 that is the same; the difference *may* be that they are maintained by PWAC as part of common infrastructure. I have heard from Capt. Siemer (sp?), SCSO commander in The Villages area, that they cannot enforce traffic violations on the MMPs (speeding) as they are not public roads. The can enforce not stopping at a stop sign that crosses a public road, and they can enforce DUI violations anywhere.

AFIK when your cart traverses a public road they can ticket you for having an unlicensed LSV if they have observed you traveling faster than 20 MPH on the private MMP. They also ticket you for equipment violations if your cart does not have working LSV equipment such as wipers, hydraulic brakes, proper tires etc., unless you are in Marion County where all the streets are owned by the residents and maintained by CDD4. SO SLOW DOWN.

Shipping up to Boston 04-21-2024 07:55 AM

Quote:

Originally Posted by biker1 (Post 2323633)
Where will the requirement come from? State, County, or CDDs? I doubt any of those entities are interested.

My guess, whoever thinks it will generate the most revenue.... with little to no enforcement effort

biker1 04-21-2024 08:09 AM

Hydraulic brakes ? Nope.

Quote:

Originally Posted by nn0wheremann (Post 2323642)
AFIK when your cart traverses a public road they can ticket you for having an unlicensed LSV if they have observed you traveling faster than 20 MPH on the private MMP. They also ticket you for equipment violations if your cart does not have working LSV equipment such as wipers, hydraulic brakes, proper tires etc., unless you are in Marion County where all the streets are owned by the residents and maintained by CDD4. SO SLOW DOWN.


dewilson58 04-21-2024 08:10 AM

Quote:

Originally Posted by biker1 (Post 2323651)
Hydraulic brakes ? Nope.

Come on....................it's fun to make stuff up.

:jester:

bmcgowan13 04-21-2024 11:53 AM

Quote:

Originally Posted by Shipping up to Boston (Post 2323530)
You do know we’re talking about an individual, on a 35 acre private property having a beer, right? Not drunk, not rising to a DUI. Yes, that was the context. All the other tentacles that grew out of the OP post is typical of ToTV sensationalism. No mention of grandchildren whizzing around on an ATV while grandpa operates a machine drunk and involuntary homicides.

Apologies. You are correct. I went back and re-read the thread. The OP was about the SCSO golf cart.

Somebody hijacked the thread and we all ended up on a 35-acre farm drinking beer daring the cops to do anything about it. LOL

I should have stuck to the original author's post...

I will be more respectful to the original author in the future....

ThirdOfFive 04-21-2024 01:45 PM

Odd, how common sense goes out the window whenever golf carts and law is discussed.

Just a few points:

1: If it is illegal for law enforcement to be patrolling the MMPs, it is pretty safe to assume that they wouldn’t be.

2: An MMP can be more than those nice two-way stretches of pavement having no physical contact with a public roadway. MMPs often run ON public roadways, partitioned off from automobile traffic by a solid white line. Additionally golf carts often have access to public streets where no MMP exists. As such they’re as much required to obey the rules of the road as any other vehicle. This includes driving over the legal limit (.08).

3. Any vehicle (or pedestrian for that matter) utilizing a public roadway is responsible to do so in a lawful manner.

4. More strict, equitable enforcement of law on ALL public roadways is waaaaay overdue here in TV.

Fenster 05-20-2024 02:52 PM

Quote:

Originally Posted by Papa_lecki (Post 2322887)
I don’t need a point, just that I saw a sheriff’s cart on the MMP. He didn’t turn to go onto Hillsborugh Trail, stayed north on the MMP.

The cart had to cost more than $20k, that is one heck of a PR expenditure.

Fascinating

JRcorvette 05-20-2024 03:35 PM

Quote:

Originally Posted by Papa_lecki (Post 2322804)
I followed a Sumter County Sherif, is a Sheriff Golf Car, with Red and Blue lights, on the MMP on Buena Vista from Eisenhower, around the gate, around the back of Mangrove, up BV, and under Buena Vista and he continued north.

Golf Car was well marked as a Sheriff’s vehicle - sherif inside had the green uniform on.

The deputy who drives it is a big guy. He said it will do 38 mph with him in it.

Bill14564 05-20-2024 03:44 PM

Quote:

Originally Posted by JRcorvette (Post 2333081)
The deputy who drives it is a big guy. He said it will do 38 mph with him in it.

Darn! SO CLOSE to having a claim of a 40mph golf cart!


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