Published: Jun 28, 2011 6:30 PM EDT
Updated: Jun 28, 2011 5:36 PM EDT

CAPE CORAL, Fla.- Cape Coral Police Officers have arrested Phillip Charles Winters, 24, of Cape Coral for DUI with persons under 18 years of age inside of the vehicle.

On Saturday, June 25th, Officers with the Patrol Bureau’s 3rd Platoon were dispatched to a reckless driver complaint at 6:45pm in the area of Del Prado Blvd and Viscaya Pkwy. A citizen called dispatch and said that they saw a Chevy van driving northbound on Del Prado Blvd and the driver appeared to be smoking a bong while driving.

At 6:50pm, Sergeant Kurt Fundermark located the van at the gas pumps at the Circle K store at 1523 NE Pine Island Road East. Sergeant Fundermark made contact with the driver, Phillip Winters. While speaking with Winters, Sergeant Fundermark noted what he believed to be signs of impairment. Officer Patrick O’Grady responded as back-up and assumed the investigation.

Officers noted that there were five children in the vehicle ranging in age from one to six years of age. Upon questioning, Winters admitted to smoking marijuana eight hours prior to contact with police. A police K9 conducted an open air sniff of the van and alerted to the presence of narcotics inside of Winters’ van. A subsequent search of the van revealed marijuana residue and several marijuana pipes inside of the van.

Based upon the observations of Officers coupled with Standard Field Sobriety Exercises, Winters was placed under arrest for DUI. Winters was then transported to Police Headquarters for processing. Winters originally agreed to a urine test but moments later he changed his mind telling officers that the test would not fare well because he had smoked marijuana earlier.

“We are grateful for the citizen who got involved in keeping our roadways safe by calling their police department. Because of this teamwork, a real tragedy may have prevented.” Lieutenant Tony Sizemore said.