Zaccardo v. State

ORFINGER, M., Senior Judge.

Appellant pled no contest to drug charges, reserving the right to appeal a dispositive motion to suppress evidence. We affirm.

Appellant was arrested when a police officer observed a violation of Orlando Ordinance 33.08 which makes it unlawful for any person to consume any alcoholic beverage while an operator or passenger in a motor vehicle where such consumption is open to public view. A search following the arrest revealed the contraband.

Appellant argues that the ordinance is clearly unconstitutional because it conflicts with sec. 316.1936, Fla. Stat. (1997) which…