Tuesday, May 7, 2013

DUI IN A GOLF CART





     I love the idea of legal golf carts as transportation around the quaint villages of Ozona and Crystal Beach and neighboring Palm Harbor: especially the tricked out ones during the holidays - lights, tinsel, disco balls, music. I’ve even seen grade schoolers learning how to drive on ‘em. Roll up to the convenience store, the bank drive-through with your canine wing man by your side, down to your neighbors for a party, cruise out for dinner & music. Oops. Watch out if you’re impaired.

     As a criminal defense attorney living and working in this area, I wonder if folks know the legal dangers. Under Florida law, a golf cart counts as a “motor vehicle” to qualify for a DUI- “…any… vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power…”. A separate definition for golf cart spells it out: “ ‘Golf cart’ means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour”. Florida Statute §320.01.

     So enjoy our unique and wonderful corner of Pinellas County. But get a designated “caddy” to drive if you’re impaired.