Driver Found With Open Bottle of Wine, Admits to Drinking
Driver’s License Reinstated; Suspension Lifted!
The Charges
Nassau County, FL. Our client was arrested after a police officer called in a reckless driver that he was following. The driver was stopped, attempted to conceal an open bottle of wine, smelled of alcohol, began to cry, and became confrontational. It was reported that she was unsteady on her feet, performed poorly on the Field Sobriety Exercises, and accused the cops of stealing two one-hundred dollar bills from her purse. While looking for her money, she pulled a coke straw out of her purse and insisted that the cops planted it there (resulting in an additional charge of possession of paraphernalia). She also admitted to drinking, ran a stop sign, drove on the strong side of the road, and refused a breath test.
Failure to Appear at a Formal Administrative Hearing
As a condition of “due process,” the government cannot take any property interest from you unless your attorney has had a chance to challenge the intended actions. The defendant’s attorney may wish to subpoena witnesses or police officers that arrested the defendant for this. If a police officer or witness fails to show up, they are not able to give testimony, which makes it difficult for the court to charge the defendant fairly.
Possession of Paraphernalia
Possession of drug paraphernalia is a first-degree misdemeanor in the state of Florida. This includes a long list of items that are intended to be used for the production, harvesting, manufacturing, injecting, ingesting, testing, analyzing, storing, packing, repacking, compounding processing, preparing, converting, concealing, transporting, or inhaling of controlled substances.
Common examples of drug paraphernalia include:
- Needles and syringes
- Containers used for storing or transporting
- Blenders, bowls, and spoons
- Rolling papers
- Ceramic, metal, wooden, acrylic pipes
- Scales and balances
- Baggies
- Cutting devices
- balloons
- Bongs
- Punctured metal bowls
- Hashish heads
- Roach clips
- Water pipes
Penalties for possession of drug paraphernalia include up to one year in jail or 12 months of probation. There will also be a fine of $1,000.
Those on probation will be required to take random drug testing and may also be required to complete a drug program.
Musca Law Firm
If you have been charged with possession of drug paraphernalia or other criminal charges, you want a lawyer on your side that will aggressively fight for your rights. We at Musca Law Firm do just that. Our number one goal is to obtain the most positive outcome on your behalf. We will develop a strong and strategic defense that will work to your favor. Please call us 24 hours a day at (888) 484-5057 to schedule a free initial case consultation with one of our experienced attorneys. We serve all of Florida with multiple offices located in various cities, such as Miami, Naples, New Port Richey, West Palm Beach, Clearwater, and Fort Walton Beach, etc. across the state.
RESULT: One of the witnesses subpoenaed for the Formal Administrative Hearing failed to appear and failed to provide good cause. Thus, the suspension was lifted and the LICENSE WAS REINSTATED!
Officer charged with DUI after using emergency lights with open beer container in vehicle: police
Default Mono Sans Mono Serif Sans Serif Comic Fancy Small CapsDefault X-Small Small Medium Large X-Large XX-LargeDefault Outline Dark Outline Light Outline Dark Bold Outline Light Bold Shadow Dark Shadow Light Shadow Dark Bold Shadow Light BoldDefault Black Silver Gray White Maroon Red Purple Fuchsia Green Lime Olive Yellow Navy Blue Teal Aqua OrangeDefault 100% 75% 50% 25% 0%Default Black Silver Gray White Maroon Red Purple Fuchsia Green Lime Olive Yellow Navy Blue Teal Aqua OrangeDefault 100% 75% 50% 25% 0%Authorities say a Mississippi officer has been charged with DUI after being arrested in Tennessee. (Source: WVLT)
By Camruinn Morgan-Rumsey and Jordan Gartner
GATLINBURG, Tenn. (WVLT/Gray News) – A Mississippi police sergeant has been arrested for driving under the influence after Tennessee authorities say they stopped him for using his emergency lights with an open beer in the car.
According to an arrest report from the Gatlinburg Police Department, the situation started on Tuesday at around 10:20 p.m. when an officer spotted a black Ford Explorer driving with hidden emergency lights activated.
Officer Myers, with Gatlinburg police, said he saw the car briefly drive into oncoming traffic, prompting a vehicle stop.
“Upon approach, I observed more emergency lights throughout the vehicle displayed in the 2nd & 3rd row windows,” Myers said.
The driver identified himself as Joseph James Prine Jr., who WLOX confirmed is a sergeant in Gulfport.
Myers said he and another responding officer saw an open can of Busch beer in the center console, but the car’s passenger said it was his.
When asked, Prine admitted he had had two Michelob Ultra beers at a nearby bar, while he later said the number could have been as high as four, the report said.
According to the responding officers, Prine failed sobriety tests and they found an open jar of moonshine pickles inside the vehicle.
Prine declined a breathalyzer test, the report said, but did have to provide a blood sample because of Tennessee’s implied consent law.
Body camera footage from the Gatlinburg Police Department confirmed Prine was in town for the Command Leadership Institute FBI training.
Prine’s charges include DUI, having a handgun while under the influence and displaying alcohol.
Copyright 2025 WVLT via Gray Local Media, Inc. All rights reserved.
IMPD sergeant arrested for alleged OWI while suspended for previous drunk driving incident
In 2023, Peter Fekkes pleaded guilty to drunk driving in Ohio. On Thursday, he was arrested for allegedly doing it again in Hendricks County.
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Author: Mike Potter
AVON, Ind. — Indianapolis Metropolitan Police Department Sgt. Peter Fekkes is facing several operating a vehicle while intoxicated charges, an open alcoholic container charge and a driving left of the center lane charge.
Fekkes was already suspended pending termination, after he drove drunk in Ohio in 2022. He pleaded guilty to the crime in March 2023 and had to pay $375 in fines. He was also placed on unsupervised probation for up to a year.
Fekkes was suspended without pay on April 10, pending a recommendation of termination to the civilian merit board.
When he was arrested on Thursday, July 25, an IMPD statement says Fekkes “did not have police authority or police powers.”
A Hendricks County sheriff’s deputy pulled Fekkes over around 11 p.m. Thursday night. The deputy said Fekkes’ car crossed the center line.
When the deputy asked Fekkes about it, Fekkes allegedly told the deputy that he crossed the center line because he was eating Taco Bell.
According to court documents, Fekkes refused to take a field sobriety or alcohol breath test. A blood draw allegedly found his blood alcohol level was 0.249 — more than three times the legal limit. The arresting deputy said he took Fekkes to the hospital before jail “due to his high level of intoxication.”
Another Hendricks County deputy allegedly found an open bottle of vodka on the floor of Fekkes’ car.
According to jail records, he is being held in the Hendricks County Jail without bond.
RELATED: IMPD sergeant pleads guilty to drunk driving in Ohio
2022 OWI arrest in Ohio
“I don’t want to take you to jail tonight,” said Ohio State Highway Patrol Trooper J. Garner to Fekkes in November 2022.
In the bodycam video, you see the trooper talking to Fekkes, who is handcuffed and in the back of a police cruiser during a drunk driving stop.
The stop took place in Fairborn, Ohio. Wright State University police told Garner they found Fekkes slumped over the wheel of a crashed blue Jeep station wagon.
The trooper’s bodycam video shows an unnamed male officer saying, “We knocked on the window, and he wasn’t waking up…refusing to get out of the car.”
A male and female officer both told the trooper they found a vodka bottle inside Fekkes’ Jeep.
“It’s big enough where it covered the seat and the floor,” the female officer said.
IMPD sent out a statement that Fekkes reported the incident to his supervisor, and then-Chief Randal Taylor was notified on Nov. 17. That same statement said Fekkes was placed on administrative duty while the investigation was underway.
Fekkes joined the department in February 2002. IMPD reports he has been disciplined in the past. IMPD is still working to release Fekkes’ disciplinary report to 13 Investigates. The department said he also received praise, and a 13News article from 2016 showed he received a certificate of commendation.
Over the last 20 years, Fekkes was tasked with upholding Indiana laws, including drunk driving rules — laws he’s now accused of violating in one state over.
RELATED: Body cam video shows IMPD officer’s drunk driving arrest in Ohio
An unnamed male officer stated Fekkes was being uncooperative by not answering questions.
“Hey bud, we talked about this earlier,” the officer said. “When (trooper) got here, you were going to cooperate. I know you wasn’t with me, but you’re going to with him.”
In the video, you hear Fekkes resist answering some questions and refuse to exit the police vehicle. He did give troopers his phone and his wife’s phone number.
“I don’t want to take you to jail tonight, OK,” Garner said. “But if you’re going to push my buttons, we’ll go straight to jail.”
“I’m not pushing your buttons,” Fekkes said in response. “I’m not pushing your buttons.”
Shortly after that exchange, the IMPD sergeant stepped out of the police car and walked to the trooper’s cruiser.
On the video, you see a flashlight is shined in Fekkes’ eyes as the trooper checks them and starts to conduct a field sobriety test. The video and his summons both show he refused the test.
A 2021 law says an officer can lose their certification if convicted of a felony or a misdemeanor “that would cause a reasonable person to believe that the officer is dangerous or violent.” Decertification is also on the line if the officer “has a demonstrated propensity to violate the law.”
