Tampa DUI: Sopranos Star arrested for DUI
From Tampabay.com
” TAMPA — Actor Joseph Gannascoli, who played Vito Spatafore on The Sopranos, was arrested early Friday in Tampa on a DUI charge.
Gannascoli of East Rockaway, N.Y., was arrested at 3:05 a.m. at 3629 W Kennedy Blvd., just east of Dale Mabry Highway. His blood-alcohol level was listed as 0.111.
He was in Tampa for a public appearance for his cigar, the Cugine. Gannascoli was driving a 2010 Dodge sedan when he made a wide right turn onto Kennedy Boulevard from Armenia Avenue, according to an arrest affidavit.
After the turn, the report states, he started to straddle the lane marker. He kept driving and straddled another lane marker before a Tampa police officer pulled him over. ”
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The fourth amendment protects Mr. Gannascoli from unreasonable governmental searches and seizures. Our very constitution then requires that the police, as government agents, act reasonably when they stop, detain, or frisk citizens like you.
Tampa Police would be justified stopping Mr. Gannascoli in one of two scenarios: if they had probable cause Mr. Gannascoli committed a traffic infraction, or if they had reasonable suspicion Mr. Gannascoli committed a crime (DUI). A Drunk Driving Lawyer in Tampa can examine the case to see if there was a legal basis to stop.
To have probable cause that Mr. Gannascoli committed a “wide turn” or “failure to maintain a single lane” traffic infraction, Florida courts have said that Mr. Gannascoli must also have affected traffic by his driving. In other words, the traffic infraction must also have presented a danger to those around him.
To have reasonable suspicion that Mr. Gannascoli was committing the crime of DUI, the officer must be able to point to specific and articulable facts that led him to believe Mr. Gannascoli was DUI, and not just changing a CD, talking on the phone, ect.
If the Tampa officer did not have reasonable suspicion of a crime or probable cause of a traffic infraction, then the stop may have been invalid, and the Tampa criminal dui lawyer for Mr. Gannascoli may be entitled to have the evidence in his case suppressed.
To read more about Mr. Gannascoli and his DUI arrest, click here.
