BY: 24/7 CRIME DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A Brightline security guard patrolling the Brightline parking garage in Boca Raton noticed a woman sleeping in her Land Rover Saturday night. He called police. That woman, Angela Blain of the 3300 block of NW 11th Avenue in Pompano Beach, is now facing multiple charges filed by the Boca Raton Police Department.
According to a Boca Raton Police Department arrest report obtained by BocaNewsNow.com, Blain is charged with DUI and refusing to accept a citation. She was jailed Friday night.
“Upon my arrival,” wrote an investigating officer, “I made contact with the aforementioned silver Land Rover, which was properly parked on the third floor of the parking garage. I observed the vehicle to be running and a white female, later identified as Angela Blain (offender), in the driver seat. Angela was the sole occupant of the vehicle. Upon contact, Angela appeared disoriented and confused. I smelled the strong and distinct odor of alcohol coming from Angela’s person. Angela’s eyes were watery and glassy, and her speech was slow and slurred. For safety concerns, an officer reached inside the vehicle and turned it off. Boca Raton Fire Rescue responded, however, there were no medical concerns at the time. After paramedics left, due to my observations of Angela and the fact that she was in actual physical control of the Land Rover, I began a DUI investigation. I requested Angela to exit her vehicle, to which she refused. I explained to Angela that I was concerned she may be in physical control of a motor vehicle while impaired. I asked Angela if she would be willing to participate in field sobriety exercises to dispel my alarm that she was impaired, to which she refused.”
Also from the report:
“Another officer responded as the Breath Alcohol tech operator. Upon arrival, a 20-minute observation was conducted. Angela was then taken into the BAT Room. I asked Angela to provide a breath sample, to which she refused. Angela was then transported to Boca Raton Regional Hospital (BRRH) located at 800 Meadows Rd by BRFD to be medically cleared due to her inability to stand. An officer responded to BRRH and met with Angela who refused to sign her criminal DUI citation which requires a mandatory hearing. Due to Angela’s refusal to sign the DUI citation I further developed probable cause to charge her with F. S. S. 318.14(3) – Willfully Refusing To Sign And Accept Summons.”
She was booked into jail at 2:51 a.m., and later released on $1250 bond. A court date is pending.
Sounds like she was NOT in physical control of her vehicle. She was on the third floor parked in a parking garage. A decent defense attorney could get this dismissed.
Not with the key in ignition. 2 step state to get to key
Not in Florida. Per Florida interpretation of the term “actual physical control of the vehicle,” someone sleeping in the driver’s seat of a car with the keys in the ignition, in the driver’s hand, or otherwise close at hand can be convicted of DUI.
Yes Sir
She tried to do the proper thing and they bug her! That’s bull.
100% agree. Was she in or on a public roadway? No. Was she in control of a vehicle even with the engine on in the drivers seat? No. She can’t even be charged for public intox. Less what we are reading is misleading?
In Florida, if you are behind the wheel of a vehicle, you are in control of the vehicle. If police believe you are intoxicated, they will charge you with DUI.
The fact that she had the car running makes it a DUI. A good lawyer could have the Judge dismiss the charge,but force her to go to Drivers safety class. If the key was not in the ignition and the car was not running they could not charge her.
Sitting in the driver seat of a running vehicle is the literal definition of having control of the vehicle. There is voluminous case law that supports this and any attorney with even the most rudimentary understanding of legal terminology would immediately recognize that simple fact. Whatever you do, please don’t ever provide legal advice because you clearly have zero understanding of how the real world works.
Cops suck, the cop should of waited until she attempted to leave, not wake her up, and most people are disoriented upon waking. She is also 10000% well within her rights to not go and “play simon” says with a police officer, hell she doesn’t even need to talk to a police officer. This is exactly why if a police officer ever is doing this to anyone just stare at them. Never say a single word, just stare.
While this will of course play out in court, note that Brightline property is private property. And in Florida, if you’re behind the wheel of the car and the keys are in your possession, you are in control of that vehicle. Look up “sleeping it off” and “Florida.”
That is exactly why I stated to not talk to the officers at all. Give them no probable cause. Was she in the process of being “trespassed” from the property? Fact is her best defense was to ignore the police officers and not consent or speak to them at all. She shouldn’t have even rolled down her windows. Again, the police need evidence and silence can’t be used against one in the court of law, talking or interacting with the police gives them evidence. If she was able to walk I would have suggested exiting the vehicle and walking away, not even engaging with the policy at all. In practice this may be difficult but unless the policy have probable cause, which they would lack, they don’t have the ability to hold her. Sleeping in one’s car is not probable cause of anything.
You should read the law. Just sayin.
I’ve read the law. You can’t be forced to do many of the activities the police want of you. Learn your rights, one day you might be thankful you did and not just submit to police like a whimp.
Police Officers Suck, you are completely clueless and it’s obvious you have no clue about the law. In addition to probable cause, there’s also reasonable suspicion. Additionally, if the owner of the property has given the police permission to search vehicles or if the vehicle is in plain view and the police have a lawful right to be on the property then probable cause isn’t even needed. Being asleep behind the wheel of an automobile while it is running easily falls into reasonable suspicion. If she would have gotten out of the vehicle and walked away ignoring the police she would have been arrested. Learn something about the law.
Cops did the right thing. If she decided to sleep it off and left the keys OUTSIDE of the car, she would’ve been fine.
But, let’s be real. It’s hot. We’re in Florida. I get she technically violated the law, but really seems like she was trying to do the right thing. She most likely went partying, took the brightline there and back. Realized she was too drunk to drive still, and decided to sleep it off in her car with the AC running. Honestly, sounds pretty logical.
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