Police Arrest Polk County Sheriff's Deputy In Boat

Officers of the Florida Fish and Wildlife Conservation Commission (FWC) were on marked patrol in Hillsborough County. From the FWC boat dock at 5110 W Gandy Blvd, Tampa, an officer observed a center console flats-style vessel producing a large wake in a posted idle speed zone. The vessel was seen on plane, passing the posted idle speed sign from Tampa Bay to the Gandy Boat Ramp. The officer signaled the operator to approach.

The operator, wearing sunglasses, a white hat with “El Capitan,” and dark shorts, reduced speed to idle and approached the FWC boat dock. The officer identified himself and noted a young boy (the operator's nine-year-old son) and the operator’s fiancé holding an almost 18-month-old child in a life jacket. Alcoholic beverage containers were observed around the helm station.

When asked if he knew why he was stopped, the operator acknowledged his speed, saying, “Maybe because I was above the posted speed,” and pointed back to the sign. The officer explained the observations and the operator responded, “My bad.” The operator informed the officer of a firearm in the console, using the term “signal zero,” and was asked for his license and vessel registration. The operator mentioned being from Lakeland and showed his Polk County Sheriff's Office badge before providing his driver’s license. He said the vessel registration was in his truck.

The officer conducted a vessel safety inspection, requesting life jackets and a sound-producing device. The operator produced two life jackets and a mooring line, explaining the line was for docking. The operator’s fiancé confirmed their daughter's life jacket, and the operator showed his son's life jacket but not a sound-producing device. He later produced a whistle and a fire extinguisher, with his fiancé assisting in replacing the extinguisher in its box.

The operator and his fiancé confirmed they had been alone since around 8:30 am. When asked about coolers or livewells, the operator mentioned a cooler in the front and consented to an inspection. The officer conducted a consensual inspection of the cooler and livewell.

The officer advised on-scene supervisors of a possible Boating Under the Influence (BUI) case. The officer discussed the busy weekend and the operator’s alcohol consumption, who admitted to drinking and consented to Standard Field Sobriety Tasks (SFSTs). The SFSTs were performed on a patrol vessel in calm waters, with the operator seated on a stable cooler.

After completing the SFSTs, the officer instructed the operator to put on his shoes and shirt and accompany him to the dock. The operator was informed of his arrest for BUI. The officer noted the strong odor of alcohol, slurred speech, balance issues, and watery eyes.

The vessel was released to the operator’s fiancé, who was assisted by other FWC officers. The operator consented to a breath sample, with results of 0.156 and 0.165, taken approximately one hour after the initial stop. The operator admitted to drinking 4-5 drinks, starting around 9:30 am and stopping around 1 pm.

In accordance with Florida Statute 327.35(1)(c), the operator was charged with operating a vessel with an unlawful breath alcohol level of 0.08 or higher. His breath samples exceeded 0.150, and he had two persons under 18 years of age onboard, warranting enhanced penalties.

The operator was charged with:

(V793723) F.S.S. 327.35(1)(c) - Operating a vessel with an unlawful breath alcohol level of 0.08 or higher.

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