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  #31  
Old 06-08-2011, 09:04 AM
PylutDood PylutDood is offline
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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".
  #32  
Old 06-08-2011, 09:23 AM
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Default I would never defend OUI

I want to be clear, none of my posts are defending anyone for OUI. The discussion of this thread for me was about folks sitting comfortably in their cart on a warm evening listening to a band at the square while having AN alcoholic beverage and being fined for that.

Meanwhile someone siting in a chair in front of the cart has had four martinis and does not get a fine? Still does not pass the common sense test.

That is why I wonder if there is not more to the story, e.g., officer watched person drink many drinks and witnessed erratic behavior.
  #33  
Old 06-08-2011, 09:26 AM
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I was talking to a friend yesterday and mentioned this about being cited for drinking in a golf cart. He said if the key was in the ignition than you can be cited. I was wondering whether you can be cited if the key was not in the ignition? Anyone know.

John
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  #34  
Old 06-08-2011, 10:14 AM
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Quote:
Originally Posted by jrheydt View Post
I was talking to a friend yesterday and mentioned this about being cited for drinking in a golf cart. He said if the key was in the ignition than you can be cited. I was wondering whether you can be cited if the key was not in the ignition? Anyone know.

John
IMHO, the situation you describe would be at the disgression of the officer present based on what he observes. Many have been charged on presumptive evidence with court findings going in either direction. As for me, if I had any doubt what-so-ever as to the potential outcome of having or consuming alchoholic drinks while in the golf cart, I would just sit in the cart and enjoy the concert with soft drinks only. If for any reason I just couldn't do that, then I think we all know, without saying what one of my two possible problems might be!
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  #35  
Old 06-08-2011, 01:14 PM
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Originally Posted by DENNIS G View Post
They have been doing that in Spanish springs for 8 years that we have been here. We were friends of one of the Lady Lake officers, he says they consider an open container in a cart the same as a vehicle. You are presumptive if sitting in the cart or vehicle drinking, and they can write tickets. Saw it happen numerous times over there. Haven't seen it yet at Lake Sumter, but hardly ever see an officer patroling, maybe a quick trip around the square.
There is a thread with a listing of Bashing police enforcment or something to that effect. i left a post there. Perhaps members here ought to visit that thread too because the majority view is that only whiners complain about getting tickets. Wow afraid to drive the streets the cartpaths and now sitting in my cart at the square. so much as Florida's Friendliest City
  #36  
Old 06-08-2011, 01:16 PM
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Its called Police Bashing Forum
  #37  
Old 06-08-2011, 03:39 PM
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Quote:
Originally Posted by rubicon View Post
There is a thread with a listing of Bashing police enforcment or something to that effect. i left a post there. Perhaps members here ought to visit that thread too because the majority view is that only whiners complain about getting tickets. Wow afraid to drive the streets the cartpaths and now sitting in my cart at the square. so much as Florida's Friendliest City
Are you saying to be Florida's friendliest city you have to be allowed to drive your cart drunk?
  #38  
Old 06-08-2011, 04:24 PM
Sail41 Sail41 is offline
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Why can't the PD post the laws in the paper for all to read and end any confusion?
  #39  
Old 06-08-2011, 04:26 PM
BigLew BigLew is offline
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Unhappy yes and no...

Quote:
Originally Posted by red tail View Post
i thought the squares were private property
the squares yes, the roads no. sitting in the cart is sitting in the street not ON the square
  #40  
Old 06-08-2011, 04:28 PM
BigLew BigLew is offline
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Quote:
Originally Posted by rubicon View Post
There is a thread with a listing of Bashing police enforcment or something to that effect. i left a post there. Perhaps members here ought to visit that thread too because the majority view is that only whiners complain about getting tickets. Wow afraid to drive the streets the cartpaths and now sitting in my cart at the square. so much as Florida's Friendliest City
that should slow down cops giving tickets!
  #41  
Old 06-08-2011, 05:48 PM
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Default cash cows

The truth is that Sumter county Sheriff and Lady Lake Police have been "heavy handed" in the enforcement of minor infractions..I,personally have not been victim, but I know of others that have..I have witnessed arrogance by some officers and what I perceive as disdain for the senior community here..

The tax base here is greater than the entire county of sumter at least,and we have become easy targets..Come on, 18 in a 15 mph cart path, golf cart speed traps, this is just petty..If you look at some of the fines involved it really is cash to the abusers of power...You'd think, that with the conservative political base here,and the fact we have a prominent Florida politician in residence,that this perception could be corrected, by doing real police work..,There is a huge crystal meth problem in the areaa surrounding Lady Lake,just look at the reports of raided labs recently...We had six individuals participate in a torture murder just at our western boundary..These are examples of recent,local crimes reported..And this requires real police work...Not the golf cart commandos...

For the record,my family is heavily involved in law enforcement and are consumate professionals in their work..They have had some real laughs (at our expense) over some of the reported incidents that have taken place with our local public service agencies...My perception of local law enforcement, is that they have grown lazy, and are now biting the hand that feeds them...
  #42  
Old 06-08-2011, 06:49 PM
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Originally Posted by GeorgeT View Post
Are you saying to be Florida's friendliest city you have to be allowed to drive your cart drunk?
George T...No As an ex-officer you are making some assumption. these folks are parked at the square with an open container, that's all so far. You don't know if they are drunk? And since they are not driving they yet have been driving drunk. And you don't know who will ultimately drive that cart to its next destination. A friendly cop in Florida's Friendliest City might have a nice chat with these folks to assess the situation rather than just issuing a ticket as was explained in an earlier post.

George I recognize the difficult job police officer have but sometimes they just create their own dilemmas
  #43  
Old 06-08-2011, 07:14 PM
downeaster downeaster is offline
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I would like to pose a few questions.

Where does it say golf cart paths have a 15MPH limit? (BTW, I don't believe the police have jurisdiction on golf cart paths.)

Did someone actually get a ticket for going 18MPH on a golf path?

Where are or where were golf cart speed traps?

If an officer observes a violation is he/she supposed to turn a blind eye?

Are not golf carts limited to "not capable" of speeds in excess of 20MPH?
  #44  
Old 06-08-2011, 07:24 PM
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duffysmom duffysmom is offline
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Default Death by Cart

The latest POA newspaper had an article on Cart Safety and reported at the May AAC meeting, Chairman Bell advised, "I will make a statement that was made to me, 'we have had ten people die in golf cart accidents in the last five years'." Personally, I do not want to be on the road with anyone who is impaired; it doesn't matter whether it's an automobile or cart DO NOT DRINK AND DRIVE. It's a no brainer.
  #45  
Old 06-09-2011, 06:38 AM
GeorgeT GeorgeT is offline
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Quote:
Originally Posted by rubicon View Post
George T...No As an ex-officer you are making some assumption. these folks are parked at the square with an open container, that's all so far. You don't know if they are drunk? And since they are not driving they yet have been driving drunk. And you don't know who will ultimately drive that cart to its next destination. A friendly cop in Florida's Friendliest City might have a nice chat with these folks to assess the situation rather than just issuing a ticket as was explained in an earlier post.

George I recognize the difficult job police officer have but sometimes they just create their own dilemmas
Who said I was an ex officer? I'm not. You think that for TV to be a friendly community the police need to let us drive around or sit parked with an open container. This is your quote below. You don't mention an open container but that's what we're talking about here.

"Wow afraid to drive the streets the cartpaths and now sitting in my cart at the square. so much as Florida's Friendliest City"
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