The Defendant was seen creating a wake in a no wake zone near other boats and people swimming in the water on Peanut Island. After being stopped and told to put the boat in neutral, the Defendant appeared confused. He was slurring his speech and had 13 people on his 37-foot boat with him. The Defendant had glassy, bloodshot eyes and an odor of alcohol coming from him. He was told to come onto the Police Officer’s boat where the Officer checked his eyes. The Defendant was then transported to the land where he consented to roadside tasks. He was instructed to take 9 steps up and 9 steps back on the walk and turn. The Defendant took 15 steps up and turned around and said he was done. He never counted out loud. The Defendant was told to put his finger on his nose on each command and bring his hand right back down to his side. On each command, the Defendant just held his finger on his nose even though the officer told him not to do that. The Defendant could not get past the letter K on the alphabet task. He was arrested and transported to the Breath Facility where he refused to submit to a breath test. The Firm filed a motion to suppress arguing that the Defendant was “in custody” when he was transported to the land and, therefore, had to be read his Miranda Warnings prior to being questioned and administered the alphabet task. The State reviewed the motion and on the day of trial dismissed the charge for Boating Under the Influence.
DUI & Criminal Division
