All right. Good. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Good. All together. Okay. 052. On the 15th of March, 2025, a Florida traffic stop for window tint violation escalated when a 20-year-old driver admitted consuming alcohol hours before driving. This case examines Florida's zero tolerance law, which prohibits anyone under 21 from driving with a blood alcohol concentration above. 02%. The Fourth Amendment requires traffic stops be based on reasonable suspicion of a traffic violation. Florida Statute 316.29 2952 regulates window tinting, requiring front side windows to permit more than 28% light transmission. The officer's observation of excessive tint, provided lawful justification for the initial stop. Once the stop was initiated, the officer detected alcohol odor, and observed glazed eyes. The driver voluntarily admitted drinking beer 3 hours prior. Under Burkimer versus McCarti, roadside questioning during routine traffic stops is non-custodial, meaning Miranda warnings are not required. The driver's admission is fully admissible. Can you lower the back? >> Load to the back. >> Yeah, lower the back for me. All right, that's good. All right. I stopped because of your tent, man. Can you roll us up for a little bit? >> Oh, yeah. >> Stop right there. Yeah, your tent's illegal. Okay. has to be 28 in the front. So, you roll you roll your way back down. Do you have relationships? >> I didn't check your ID. How old you, man? >> Uh, 20. >> 20? >> Yeah. >> How old are you? >> Um, 20. >> 20 as well. >> I'm sorry. It's probably been 15 years since I've ever even discussed an O2. >> Yeah. >> Um, >> is it 21 or is it 20 and under? Or is it 18 and under? >> 21. >> Okay. So he could be 20 and still violate the O2. Okay, then we're good then. I just want to make sure. >> Yeah. You want to have him sit down? >> Yeah. All right, man. A couple things. Okay. >> Yeah. >> One, I smell alcohol coming from you. Okay. Have you been drinking today? >> I drank like a beer like 3 hours ago when I was on the beach. >> Okay. Your eyes are kind of uh hazy or glazed over as well. So, if you would come on, step out. Yeah. >> Also, I can see that there's a a vape in your center console. So, just go step out for me. Yeah. your the back of the truck right there. >> Yep. Just right there. Stay there. >> Check. What? >> Okay. Hello. >> Hello. Can I put my shorts on? >> Of course. Are they in the back seat here? >> Yeah, they're in the my bag. >> Yep, that's fine. No problem. Hey, how old are you? >> Are you willing to provide a breath sample? >> Do I have to? >> Okay. Well, there what what happens is if you do refuse, your license will be suspended. >> Oh, yeah. I'll do it. >> Yeah. >> What I'm going to have you do is just blow one long continuous breath outward. It's going to click. >> All right. Just keep blowing until I tell you to stop. >> All right. >> All right. Good. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Good. All together. Okay. That's 052. >> Yeah. We live Well, his parents. >> Do you have a valid driver's license? >> I do. Do you need it? >> Yeah. Can you grab that for me, please? >> Um, I think it's also in my bag. >> Okay. Uh, over. >> Uh, I have to go. Thank you. >> Pret seem a little nervous, man. You're kind of wiggling a little bit for me. Okay. I I really don't feel like chasing you. I don't know if that was your intention. Not at all. >> I don't know if it was, man. either way. So, um, >> while he works on that and he gets that wood down. Okay. All right. >> I'm going sit you on the tailgate. >> Can you hop out there? >> You have her back there, too? >> She can go back there. Yeah. >> All right. You want to just come sit next to him? >> And so, did you guys just go to the beach? >> Yes. Okay. >> No. Did you guys bring the alcohol with you? >> And >> so, who brought it? >> I did. >> You brought the alcohol? >> Okay. >> But you drank off of it. >> Okay. So, all right. Have you guys been through spring break time the past couple of years in the new Simra? >> Yeah. >> So, you know what? How crazy it can get. >> Yes. >> We're not We've already Listen, I don't know. I don't know you, man. I'm not judging me, okay? You seem like you seem like a a decent dude. I'm not judging you by any means, okay? We just have a zero tolerance policy right now for and you guys have seen the law enforcement presence. Like, we warn people on social media. Like, we put it out there like you're if you're doing something, anything illegal, whether it's riding with people on music or whether it's with alcohol or fighting like or bringing guns, like to that extreme, no matter what it is, like we have a zero tolerance policy and you guys are going to get in trouble. I just don't understand why you guys thought like that. It was a a good idea. >> You're going to jail for um possession alcohol under 21. All right. I'll finish searching the truck and make sure there's nothing else that's distributed. But um yeah, so and this will be explained to you here in a little bit, but basically it's an o violation and it actually comes um like it actually restricts your driving privileges. So, but we'll talk about it when we get back to the uh we have a command post over there. We'll talk when we get over there. Okay. I have a search. Next problem is is I can't rightfully take him to jail and not you cuz you knew that you uh had it as well. Okay. So, you're going to go for the same thing except you're not getting your drug suspended. >> You're going to go deal with possession alcohol. You were both in the car. You both had knowledge about the alcohol. All right. I had to ask because I don't want to just assume that it's his. So when I asked and you claim that it's yours and it like >> I can't just pick and choose who I take for things. Okay. So you know hard to realize at the time if you would have said it's mine you didn't drink any of it or anything like that then I would have had to decide what to do then. Um he admitted to me when he was over here when we were testing there to make sure one I don't want him driving home like I don't want him like >> I understand that >> he's has been drinking so if you guys get into a crash I'd feel bad. So, I had to make sure that he was safe to drive period. But then, of course, it comes into the fact that you guys probably have alcohol. He admits that he knew back in that there's still some left in the cooler. You say it, you know, it's yours. You brought it. So, we got that. So, you both had knowledge of it. So, unfortunately, you both are going to be going to jail today. >> Okay. Am I able to call my mom? >> You going to go to the Mush County jail sale. Your bond will be $500. If you use a bail spawn spin, I think you get to $100, but it'll probably be a couple hours before you get up there, but you call and just let me know what happened. >> On that door, there's a set of cuffs. Will you grab them for me? >> Dad. >> Hey. Um, just a heads up, me and Josh to jail. We're on our way to the Valuchia County uh branch in Daytona cuz we got caught with possession of alcohol and Josh was driving and we had Malibu in the cooler. >> Okay. Thank you. >> Officer, >> still remember you. >> My dad is coming to meet us >> to jail. >> Yes. >> Uh call him back. It's almost going to be a couple hours. >> Okay, I'll text him. >> Okay. >> Okay, cool. Do you have anything else in your pocket? >> I don't. You can check me. >> That's not necessary. Just turn around for me. this area. We're on the opposite side of the car. I have a question. Is there any way I can use the bathroom? >> Bathroom? >> Yeah, I really have to pee. >> Yeah, I'll see if uh there's a female officer available to to take you. Um, >> I'll see what the procedures are for the Usually we're at like a station, so we just take you to the police station, but I'll find out for you. >> All right, Josh. I'm going to put you in that van. All right. He's going to do his own search of you just like I did and then he's going to transfer cuffs and then you'll go in. Okay. >> I'm not seeing that. >> You got a thing on you that'll poke me, stick me, stab me, hurt me in any way, sir. When the hand comes out of the cuff, put it up on top of your head. You understand? >> Yeah. >> Get backwards on these cups. Spin around. Face me. Face me. Hand. Turn it up. Here we going down. >> What's going to happen is I'm going to take these cuffs off. We'll be facing the van. One second comes off. Your hand needs to go up on top of your head. Understood? >> Whatever. Cheap gloves. >> Both hands. Nope. >> One hand's going to be coming out. The other one's going to be staying in. Okay. Put it up on top of your head. Spin around. Face me. Bracelet needs to come off. Necklace. All the earrings. >> Do you mind helping? >> Yeah, sure. >> I'll go grab her bag. >> I just got it for my person. I'm putting all your stuff in this bag here. Okay. >> Okay. >> All right. Got you. Thank you. Okay. >> How many rings are >> That was two rings. >> Two rings. >> Two rings. One bracelet. And >> she has a necklace. One necklace. My nails don't hold at all. >> Is there any metal in the hair tie you have on? >> No, sir. It's just the elastic. I believe so. Okay. >> Does it come out? >> I'm sorry. >> Does it come out? >> Come on. >> The belly button. >> Oh, yes. one that we took in yesterday. She's like, "Oh, that doesn't come out. It doesn't come out." >> No, I've had mine for like a year. So, >> the officer at the jail goes, "Well, we got to take it out." >> So, she kind of turned away, lifted up her shirt a little bit. Here you go. >> Oh, wow. >> Could have come out, huh? >> Okay. >> Cuz you're very dangerous. According to the officers over here, we got to put two on here. >> No, it's actually just so they can get their cuffs back. >> And oh, alcohol possession number one. I see one. >> Thank you. All good for a little bit, >> man. Florida statute 562.111 makes it unlawful for anyone under 21 to possess alcoholic beverages. The elements require proof of age under 21, possession of alcohol, and knowledge of that possession. Both subjects, age 20, possessed Malibu rum found in the vehicle's cooler and admitted knowledge of its presence. Joint constructive possession means multiple people can possess the same contraband if they each know about it and have access to it. Both the driver and passenger admitted awareness of the alcohol and had physical access to the cooler. Therefore, both violated Florida's underage possession statute and faced identical criminal charges for this offense. Florida statute 322.2616 establishes the zero tolerance standard for drivers under 21. Any blood alcohol level above 002% constitutes DUI. This is dramatically lower than the 0.08 threshold for adults. The legislative intent is clear. Underage drivers face strict liability for any measurable alcohol consumption. The zero tolerance law does not require proof of impairment. While adult DUI prosecutions must demonstrate that alcohol affected driving ability, underage DUI requires only proof that the driver is under 21 and has a BAC exceeding .002%. The driver's admission of consuming beer combined with physical signs and breath test established all elements. Pennsylvania versus Mims permits officers to order drivers from vehicles during lawful traffic stops for officer safety. The automobile exception to the warrant requirement established in Carol versus United States allows vehicle searches when probable cause exists. The driver's admission underage status and alcohol odor provided probable cause to search for alcoholic beverages. The officer receives grade A minus. The traffic stop was constitutionally valid based on window tint violation. Probable cause development was textbook. Alcohol smell, glazed eyes, and voluntary admission established grounds for expanded investigation. The officer maintained professional demeanor and clearly explained charges to both subjects. The minor deduction reflects that field sobriety tests were not administered. While not required for zero tolerance violations where any BAC above 002% suffices, standardized field sobriety tests would have provided additional evidence of impairment if the case proceeded to trial. The driver receives grade F. At 20 years old, he consumed alcohol while underage, then operated a motor vehicle. His on camera admission provided direct evidence of both illegal underage drinking and underage DUI. He violated Florida's possession statute by transporting Malibu rum in his vehicle. Florida's zero tolerance law exists because young drivers have higher crash rates and alcohol impairs driving ability even at low blood alcohol levels. The driver's decision to drive after consuming alcohol endangered himself, his passenger, and other motorists. His choices resulted in arrest, criminal charges, and potential license suspension for 6 to 12 months. The passenger receives grade F. At 20 years old, he admitted bringing the alcohol and knowing it was in the vehicle. Under joint constructive possession doctrine, both occupants who knew about and had access to the contraband face criminal liability. While he faces no DUI charge, the underage possession conviction carries serious consequences, including license suspension and permanent criminal record. Key lessons for law enforcement. This case demonstrates proper constitutional compliance from initial stop through arrest. Document probable cause development clearly. For young drivers under 21, understand that Florida's .002% threshold means one beer can trigger DUI charges. The financial impact of first offense ranges from 2,000 to $7,000, including fines, court costs, DUI school, and insurance increases. A permanent criminal record affects employment background checks, college applications, scholarship eligibility, and professional licensing. The zero tolerance law is not a technicality. It is strict enforcement designed to prevent fatalities. If you are under 21, do not drink and drive. Call for a ride, use a designated driver, or wait until you reach legal drinking age. One poor decision creates consequences that last for years. This case illustrates how minor traffic violations can escalate to serious criminal charges through poor decision-making. The officer's professional conduct and constitutional compliance demonstrate proper law enforcement procedures. The subject's violations serve as a warning about Florida's strict underage drinking laws and the permanent consequences of combining youth, alcohol, and automobiles. Thank you for watching.