On Monday, May 27, 2024, an officer with the Florida Fish and Wildlife Conservation Commission (FWC), in full agency uniform and operating a marked agency patrol vessel, was conducting a vessel safety inspection at the Lemon Bluff boat ramp on the St. John’s River in Seminole County, Florida. During the inspection, the officer observed a vessel occupied by multiple children arriving at the boat ramp.
The vessel’s operator stepped off the boat and nearly stumbled onto the dock. The individual proceeded to walk up the dock toward the parking lot to retrieve his vehicle. Approximately three minutes later, the officer heard loud tire screeching and observed the individual in the parking lot, backing his truck and trailer erratically. The individual drove backward and forward, braking aggressively, causing the tires to screech repeatedly.
The officer promptly secured the patrol vessel and approached the scene. At this point, the individual had backed the trailer down the boat ramp at a crooked angle and exited the vehicle to speak with the officer. When asked whether he had experience backing up a trailer, the individual confirmed he did. The officer then requested to conduct a vessel safety inspection, to which the individual agreed.
When asked for the vessel registration, the individual repeatedly responded with unrelated information, such as stating he had life jackets and a fire extinguisher, before eventually admitting he did not possess the registration. When questioned about his prior location, the individual stated he had been at a location known as the "rope swings," a popular party spot on the St. John’s River.
The officer requested the individual to submit to Standardized Field Sobriety Tasks (SFSTs), and he complied. The following observations were noted during the SFSTs:
Horizontal Gaze Nystagmus (6 clues):
• Lack of smooth pursuit in both eyes.
• Distinct and sustained nystagmus at maximum deviation in both eyes.
• Onset of nystagmus prior to 45 degrees in both eyes.
• Pupil repeatedly stopped following the stimulus, recentered, and then continued following.
Finger-to-Nose Test (10 clues):
• Failed to close eyes as instructed.
• Opened eyes during the task.
• Moved head during the task beyond the allowed margin.
• Missed the tip of the nose multiple times, used incorrect finger positioning, and exhibited delayed hand movements.
Palm Pat Test (3 clues):
• Rolled hands instead of patting.
• Failed to increase speed when instructed.
• Rotated hands inappropriately.
Hand Coordination Test (3 clues):
• Did not perform Task 2 correctly; failed to clap three times.
• Improperly executed Task 3.
• Could not recall or complete Task 4.
Based on these observations and the individual’s poor performance during the SFSTs, the officer placed the individual under arrest for Boating Under the Influence (BUI) with a blood alcohol level of .15 or higher, as well as for operating a vessel with minors on board under these conditions.
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