So, I'm asking you again, one last time, are you willing to step over to perform field sobriety tests to make sure that you're safe to operate. If you don't, then I have to base an arrest decision on what I observed today so far. Which is uh So, simple just a simple question. I come from a family of lawyers, so I'm feeling I'm asking you just a simple question, sir. am totally capable of taking this boat right back, but without a lawyer present, I feel somewhat subjugated to step onto your boat and surrender the rights. Grab to call my father. Yeah, your dad's calling your attorney. Badge number? May 7th, 2023. While on water patrol on the Alafia River, two officers of the FWC spotted a boat with several passengers creating a large wake in a posted idle speed zone. The operator appeared to be a white male with no shirt on and yellow swim shorts. Once the officers had finally gotten the boat to stop, Officer McCormick noted a a sleepy female in the bow of the boat. And he also noted that the boarding ladder was dragging behind the boat. So, so that's not good either. Good afternoon. You're in neutral, right, Captain? Okay. Hey, I'm Officer McCormick of Florida Fish and Wildlife. The reason why I'm stopping you, sir, is you're in an idle speed zone plowing. All that wake that's going by is coming from your boat. You look around here, sir, and you see all the other boats going slow? Yes, sir. All right, Captain, since you got a whole bunch of folks on board and I was the person that I observed operating, I'm just going to deal it straight with you, okay? Can you go ahead? All right, I appreciate it. Just put the sandwich down, that'll help. Is she okay? Yeah, she's sleeping. Okay. She's drunk. Where are you guys coming from today? Uh beer can. How was it out there? Pretty choppy. Little choppy. Was it busy though? Yeah. All right, sir. So, next thing I need to see is a life jacket for each person and a throwable. And again, I'll have you do that for me. What year were you born, sir? Just by chance. 1996. Do you have boating education? Yes. Could I see that as well? Could I see your voter ID card? Uh it's through my phone. Yes. They they don't let me take out boats unless I know, but the law requires that you have it ready for presenting if we ask for it. This one's going to be a little bit of a struggle for me. That's okay. I'll give you a second to look for it. I'm going to call Freedom Boat Club. Okay. Cuz they're the ones who educated me. You don't have it available on your phone? No, I do, but they're the ones who emailed it to me, you know. Okay. But by calling them, what's that going to do for you? Tell me where to look for it. They know where it's at on your phone? But I'll let you come back to that in a few minutes. If you can just get out me the other items I asked for right now. What was that? Hey, Burley. No life jackets there. Hey, Burley. Hey. Oh, life jackets are on this one. So, I got it. You guys are delaying us right now, right? Yeah, we've got you. You're not You don't have to worry about the boat drifting anywhere. Move. Hey, you have to move. What are you doing now, sir? For for work or No, I don't know what you're doing right there on your phone. I'm looking up the emails I've received from Okay, but what did I just ask you for instead? The life jackets as well as Yeah, and then I said you can not worry about that for right now. You told me Here's a life jacket, sir. Yeah, I appreciate that. I was trying to help out. One. Two. Two. Three, four, five, six, seven. Those are He's going to have to see them all. Three. Four. I think we're at five total on the boat, including me. Okay. Four, five. I really like your mustache. I had a friend of mine who passed away about 3 years ago. Oh, yeah? Yeah. Okay. So, let me ask you a question. Have you had anything to drink today? No, sir. Not a single drop of alcohol then? Okay, cuz I see your your eyes, right? I can get the smell of an alcoholic beverage coming from the vessel as well. All right. I'm not going to lie. All these guys Me and Kimberly are a little tipsy. Okay, got you. Yeah, me and Kim have been a little Okay. brought her friends out. This is my brother being my second hand man on the boat. Yeah. We brought them out to have a good time. All right. So, here's what I'd ask for you to do then. If you'd be willing to step over to my boat, we'll perform standard field sobriety tests to make sure that you're safe to operate. If you are, I'll have you on your way. That's kind of a trick question. No trick question. It's It's simple as that. You have a choice. I I know. Simple question, sir. Can you guys tow us back to Freedom Boat Club? We are definitely doing that right now. Look, you see that. Yeah. We have a long ways to go. Jerry's dockside. If you guys could just tow us back to the dock and give us a lift back to the Freedom Boat Club. So, I'll ask you again one last time. Are you willing to step over to perform field sobriety tests to make sure that you're safe to operate? If you don't, then I have to base an arrest decision on what I observed today so far. Which is So, simple just a simple question. I come from a family of lawyers, so I'm feeling like I'm not trying to entrap you. I feel trapped, honestly. I'm asking you just a simple question, sir. you I am totally capable of driving driving this boat right back to Jerry's dock side, but without a lawyer present, I feel somewhat subjugated to step onto your boat and surrender the rights. You're not surrendering any rights. I but I am surrendering No, sir. So, when you operate a vessel in the state of Florida, there's a thing called implied consent. Am I correct, Officer Wilkins? What's that? Implied consent. Yeah. I'm just trying to make sure I'm not getting taken advantage of. You're not getting taken advantage of, sir. I'm literally asking you if you step over I step on your boat? we'll perform standard field sobriety tasks. If I see if I see no signs of impairment from the the or indicators suggest impairment, then I I send you on your way. And if I refuse it, then what happens? Then I have to make a decision based on my observations. Hey, but what if when it goes I don't understand what you mean when it goes on paper, sir. Well, what if someone else were to take over and get us That doesn't fix the point at this point cuz we are at where we're at right now. You were a person that was observed operating the vessel. I come from a family of lawyers. Okay, so are you coming over or not? What does the field sobriety test consist of? Yeah, sobriety test. You don't have to, it's your choice. But does it put me in a worse spot than Listen, I have Here, let me tell you this. You said you're going to arrest me if I don't. I have to make an arrest decision based on the observations that I've seen. I got to call somebody. I'm just asking you, right? Are you coming over or not, sir? No, I'm going to All right, then you are placed under arrest. Go ahead, put your phone down, grab your Stop. Grab your life jacket out of your out of here, put that life jacket on for me, and then you're coming over here. I need to call my father. Grab your Grab the life jacket out of the boat. Put it on Put your life jacket on. You're coming over. put it on me. What are you doing? Okay. I want to know whether or not I should do the field sobriety test. Nobody can help me with this? Is that it? They can help. Yes, they Yeah, he's Your dad's calling your attorney. Okay, he's talking to the Badge number? I'll give you all that. P229. P229? Dude, it's like stuck or something. There it is. I haven't yet. After we presented everything that was eligible for boating Are you coming over? We don't want to be badgered by anybody so we're just Okay, there's no stalling here, sir. No, I understand. I have a job to do as well, right? I've given you multiple options. I've given you multiple options, all right? I will I will step onto their boat. Can we have 10 minutes? No. You have to tell me. You tell me. Please. Um let me ask real fast. Excuse me, sir. What does the field sobriety test consist of? It's standardized. Standardized tasks. Standardized tasks in regulation to road sobriety tests? There's a a water borne version as well. There's a water borne version of a field sobriety test that is similar or not to the road sobriety? Are you coming over? Sir, you have to answer the question. I don't have to answer this I don't have to answer this lady's questions. you I've I've asked I've given you the opportunity right now. What is What does the boating operation field sobriety test consist of? Okay. Okay. You'll have to do a bunch of different hand-eye coordination tasks. Oh, like the pen thing. So, me personally, I've had a DUI in the past, so I kind of understand. He obviously hasn't, so No, I know. I know. I know. I know he's not, but I I know what the field sobriety quote-unquote No, I know. I know. I know, but like off It's your choice. Is this like the pen thingy that you guys do? I will be checking his eyes. And like the the stand on one foot We don't stand on one foot on a boat. I mean, we are in a boat, so I know it's a little different. So, I'm just trying to regulate. scared. No, your dad said he's calling your lawyer right now. He'll call you back in 2 seconds. I don't know if you want to wait 2 seconds or Yeah. Take us Take us towards Jerry Dockside, please. Do you want me to call him up? spot locked right now. I'll call Austin at Freedom. Sir, I don't have I don't have the time and patience to be standing here waiting for somebody to else to call him back. I've given you the options. And I presented you with everything that I had to have on a boat to operate it. Are you willing to come over or not? Right now. He's partially I need 100% I'm willing to come over or you're not willing. But until you have it Okay, then What's the reason? No, you're not We're not playing this game of oh, I'm going to come or I'm not going to come. Can we just wait for the phone I'm not waiting anymore, sir. I've given you plenty of time. I don't have anything to hide, so Okay, then if you don't have to do to hide I should It's call. You want to come over then? I'm telling you if I do not see signs of impairment, it's not an entrapment. If I do not see signs of impairment during all of your test sobriety There's the phone call. What's up? Yes. Let's go, sir. Come on. Sir. Hey. Let's go. Come on. Okay. I mean, it's my dad. Yeah, I'm just if you want to I've been completely patient with you. You really have and I really appreciate it. reflect that. I know Well, I have my boating license and so does JT, so I mean, we're not really We're not going to get our boating licenses. for causing a wake Okay. in a place that I didn't know. This is it. Yes or no, are you coming over cuz I'm not going to stand here and keep playing this game. I've already given you plenty of opportunities. I really have and I really appreciate you being patient with on speaker including the sheriff's department, okay? Okay. Speaker on 3 2 1. On speaker, Daddy-o. Yep, I'm here. We're on speaker with the sheriff here. I was causing a wake in an area that Honestly, I wasn't familiar with. And he pulled me over and we went through the the boating certifications. I had all of it. We went through the life jackets, the fire extinguishers, all here. And he wants me to do a field sobriety test. If I deny it, he's putting me under arrest. No, I said I I feel like he's going to get me. Still under arrest? Yes. So, it's the same thing? Question mark? You know Especially on the water while rocking. I will take the arrest rather than the field sobriety the phone, sir. I'm not hanging up the All right, well put the phone down then. Larson's got my back on that? So I gave you the option. You can come over and do standard field sobriety test or if you don't, then I have to make a decision on whether or not to arrest you based on my current observations. my field sobriety test though, you will be able to arrest me and the case is over. But what is the current observation that and step over for me. Guys Watch your step as you come across, okay? to the jury's dockside. you. Come on back here for me. By the way, you're on video. go ahead and turn around for me. Yes, please. Turn around for me, sir. Put your hands behind your back. Now, don't cross them over for me. There you go. Thank you. I'm just going to be quiet. I appreciate that. I'm trying to not do that. No, I appreciate that. that I was raised to with that. Are those feeling all right? But this is actually what I'm told. This is how I was brought up. It's really crazy. Would you like for me to turn off the boat? No, leave it in neutral. It's okay. We've all got our boating license. Me, JT, and my son. It's all good. Do you have uh anything in your pocket, sir? I don't think so. Okay, do you have pockets on there? Yes. Okay. I-75 on the Caloosahatchee River. this a Freedom Boat Club? Okay. I'm just asking you a simple question. Four times I've told you that. He's fine. I'm just asking you for clarification. I'm being polite with you. under arrest. I'm being polite with you. Yes, but I'm under arrest. Well, Garrett, be polite because he's just done I am trying to be polite, but it's really hard. Come on in here and have a seat. Yes, sir. Watch your head as you step in and watch your foot, too. All right, have a seat right there for me. 7126 Okay. So, when will he be released? So, what'll happen is it's 8 hours from the I got his shirt. I'm just looking for his shoes. Don't need to be 8 hours Well, maybe give him his jacket. 8 hours from the point of arrest, right? Then he'll be able to be released. Well, so I have a question. Is this a full arrest or is this just a detention? No, he's been arrested. This is an arrest, not a detention. He's been arrested. Okay. I was just wondering. It's just that you can't get detained without being arrested. I don't know. I'M SORRY. DID HE PASS THE WHAT? THE POINT OF DOING THE BUI. I'll do it at standard field sobriety test? Yeah. Have you charged him with a BUI? Yes, he's been he's been charged with boating while normal faculties impaired. What are you guys doing with the arrest? We'll do a breathalyzer. We'll give him the option to provide a breath sample if he chooses. That's That's it. Do you have a I don't have anything to say to you sir. Is Is this a All right, I'm going to step over for a second. Yeah. Malcolm, I'm stepping over. That's fine. I got you. All right, good. Thank Do you have a attested tested Not here. Back on land. Okay. The You want me to tell the The guy at the boat ramp or not at the boat ramp, out at what's what's it called? Beer Can Beer Can Island? Beer Can? He gave me this uh it was a manatee like prehistoric manatee rib. I have no idea if that's what that is. Do you mind if I slide by you guys there? I'll I'll switch spots with you. I'll move back. So, I just have a question. Yes, ma'am. Um what is he being charged with? Or detained? I just told you that, ma'am. A BUI? Boating while normal faculties impaired. Yes, ma'am. Okay. Just just checking. All right. Um whose uh coolers are these? Uh the small one is mine and hers is the And this big one is mine. You mind if I look in this big one again? Yep. Okay. You mind if I look in this cooler here? And then uh can I take a quick peek in there here as well again? Yep, absolutely. Okay. Thank you. Found out my license was suspended because of this guy. Oh, it's your li- was expired or suspended? Suspended, apparently. Okay. I'm just Yeah, I'm going to be totally up front. I had no idea that that What do you You have no idea? I don't even know Traffic fines or something? that it's a toll thing. Tolls? Yeah. I'm a sales guy for an asphalt company. Okay. And I own my own concrete business. I got you. And I drive close a lot, but uh I have no outstanding tickets that I know of. Okay. So, I'm now requesting that you submit to a lawful test of your breath for the purpose of determining its alcohol content. Will you take the test? I I already thought that I declined that. That was the standard field sobriety test. Which is not the breath test. I I I feel I think I need to decline everything. So, it's just a yes So, tell me yes yes or no. I'll read the question again. Will you take the test? a a lawyer. Well, I'm not asking you any incriminating questions right now. I'm just asking you will you take the test? I'm presenting the answer of I will take my lawyer. So, that's an I I'll assume then refusal on that question. Has it been a no that you will not take the test? I will take my lawyer at this time. Okay, so I'm going to say no. You assume that. Well, you're it's it's either yes or no, sir. I'm now requesting that you submit to a lawful test lawful test of your breath for the purpose of determining its alcohol content. Will you take the test? Yes or no? I will take my lawyer. No. Okay. They got us they got us tied up. They want to handle You are you think you can It's going to be too shallow. Too shallow for us to bring you in there. So, she'll It looks like You've already told us We want to just It's just safer just safer for us to let them grab you and bring you right to the dock, okay? Hey, he wanted to talk to you guys real quick before uh we get you guys out of here. First of all, I'm sorry for the experience on the captain and I hold the responsibility of taking you guys out and make sure it's safe as well. At this time, I remain to say that it was a safe experience, but for my safety I have to do what I have to do. My keys are underneath the visor. Justin will drive my truck home. I'm going to have to sit you down now cuz I got to disconnect the line so this lady can take over, okay? I hate to say it, but you guys just caused a wake through a wake zone. I'm sorry. Yeah, you're damn right you did. But this is everybody's different, right? No. There's a wake zone. So, everybody's different, right? So, this is idle for this boat. When your ballast fully settles in the water. Yeah, and I could have made the same argument. Looks like I will be. But, am I allowed to bring someone at this point with me on the boat? On our boat? Yes. I understand. Cuz now I'm totally under your guys' control. You can do whatever you want. So, we all have our body cameras right here. We can record it. I know. Your weight now is much less than it was 5 minutes ago in a non-wake zone. So, the ballast thing is you're not buying any of it. Very observant. I'm not I'm not trying to be that guy at all, either. I'm just saying. And now I can't go behind the boat because of that.