Body Cam Video Of Police Letting a man think he got away with impaired boating. On March 23, 2024, multiple Florida Fish and Wildlife Conservation Commission (FWC) officers were conducting water patrol at Silver Glen, Silver Glen Run, and Lake George, in Marion, Lake, and Volusia counties. Due to a Spring Break event taking place, there was a heavy public and law enforcement presence on the water.
At approximately 1840 hours, an FWC lieutenant and an officer conducted a vessel stop on a 21-foot Pro-Line cabin boat with a Florida registration number to perform a safety inspection. The vessel had three occupants on board: one adult male, one adult female, and a minor.
When the officers stopped the vessel, the adult female and the minor had been taking turns operating it. During the stop and safety inspection, the officers observed and noted several signs of impairment from the adult male occupant, including slurred speech, bloodshot watery eyes, difficulty maintaining balance, and rapid changes in mood and emotions. The officers concluded the inspection and allowed the vessel to continue its voyage, as the current operator, the adult female, was not suspected of impairment.
As the vessel continued leaving Silver Glen Run and entered Lake George, now in Volusia County, additional FWC officers maintained visual observation of the vessel. Based on training and experience, it is common practice for individuals to swap vessel operators. Moments after the initial vessel stop, the adult male was observed taking control of the vessel, moving behind the wheel, and manipulating the throttle.
At approximately 1900 hours, two FWC officers conducted a second vessel stop based on probable cause statements given by the officers from the initial stop, referencing the observed signs of impairment from the adult male, now operating the vessel. Emergency lights were activated, and the horn was used to get the operator’s attention. The stop was conducted on Lake George, just outside of Astor in Volusia County.
Upon making contact with the operator, the officers observed signs of impairment, including bloodshot watery eyes, a dazed look, difficulty maintaining balance, and the odor commonly associated with an alcoholic beverage. The officers explained the reason for stopping the vessel again, citing observations from the previous stop and current observations.
The operator was informed that an evaluation was necessary to determine impairment and was asked to consent to a series of Seated Standardized Field Sobriety Tasks (SFSTs) to assess whether he was safe to operate the vessel. The individual boarded the FWC patrol vessel and consented to the SFSTs.
Based on training, experience, the individual's performance on the SFSTs, and the totality of the circumstances, probable cause was found to place the individual under arrest for boating under the influence with normal faculties impaired.
The vessel was left in the care and control of the adult female occupant, identified as the individual's spouse, who showed no signs of impairment.
The individual was transported by FWC patrol vessel to the Butler Street Boat Ramp/Astor Sheriff's Office (SO) substation docks in Astor. At the substation, the individual was asked to provide a breath sample but refused. The Implied Consent Warning was formally read at approximately 2016 hours. The individual refused to answer yes or no to the request and instructed the officer to read the form again after it had already been read. The form was read again, but the individual continued to refuse to respond. The officer advised that silence would be taken as a refusal to provide a breath sample and issued a Notice of Civil Penalty for the refusal. Aside from making statements about knowing their rights, the individual remained silent.
At the Astor SO Substation, the individual was turned over to the Volusia County Sheriff's Office for transport to Volusia County Jail. The individual was booked for operating a vessel with normal faculties impaired and was also issued a civil infraction for refusal to submit to a lawful breath or urine test.
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