Gasparilla Arrest? Notice to Appear? Get Affordable Help From an Attorney | Lawyer | Toll Free 1-877-793-9290
In 2010 there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff's Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests made on the water. See video at bottom of this article. Many of these charges listed below are criminal charges that can result in a permanent criminal record
Common Charges From The Gasparilla Weekend.
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| Possession Open Container |
Form Code: TPOR0064
City of Tampa Municipal Code: 003.40.B
Level: Municipal/Local
Description: POSSESSION OF OPEN CONTAINER
TPOR0064 POSSESSION OF OPEN CONTAINER one of the most commonly charged offenses in Hillsborough County, Florida.
Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1) As used in subsection (b), "open container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1) As used in subsection (b), "open container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
Tampa Open Container Ordinance Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
(a)It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.
(b)It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1)As used in subsection (b), "open container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2)An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
(c)Subsections (a) and (b) do not apply when:
(1)The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code; or
(2)A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or
(3)Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law; or
(4)A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.
(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2007-19, § 2, 2-1-07)
MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND
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Possess Alcohol Under 21 |
If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.
MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.
Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT
562.111 Possession of alcoholic beverages by persons under age 21 prohibited.
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.
(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.
Chapter 562 BEVERAGE LAW: ENFORCEMENT
562.111 Possession of alcoholic beverages by persons under age 21 prohibited.
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.
(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.
Common Charges From The Gasparilla Weekend.
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| DUI Driving Under Influence |
Form Code: TRAF1012
Florida Statute: 316.193.1
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DRIVING UNDER THE INFLUENCE
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
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:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Common Charges From The Gasparilla Weekend.
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| DUI Over .08 |
Form Code: TRAF1015
Florida Statute: 316.193.1C
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH A (DUI determined with a Breathalyzer Machine)
TRAF1015 DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH A (DUI determined with a Breathalyzer / Intoxilyzer Machine) one of the most commonly charged offenses in Hillsborough County, Florida.
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
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:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
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:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Police Will Also Be on the Lookout For:
Open Containers Permitted Only Along The Parade Route
Must Be 21 Or Older To Consume Alcohol
Alcohol May Not Be Consumed From Kegs Or Large Vessels
No Glass Permitted
Use Port-O-Lets Or Other Restroom Facilities
No Fighting
No Trespassing On Private Property
No Flashing Or Nudity For Beads
Common Charges From The Gasparilla Weekend.
Chapter 901 ARRESTS
901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. — The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.
901.31 Failure to obey written promise to appear.—Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.
BUI Video
Gasparilla Arrest? Get Affordable Help From an Attorney | Lawyer | Toll Free 1-877-793-9290
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