| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR07100284) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1)(A) ON 111007 AT APPROXIMATELY 1758 HOURS, WHILE GOING THROUGH THE INTERSECTION AT SOUTH SUNCOAST BOULEVARD AND WEST FORT ISLAND TRAIL, ON A GREEN LIGHT, WHEN I DID OBSERVE THE DRIVER/DEFENDANT, MR AARON POTTS, PULLING OUT OF SOUTHEAST FORT ISLAND TRAIL, SOUTH, ONTO SOUTH SUNCOAST BOULEVARD, RUNNING THE RED LIGHT AT THAT INTERSECTION. THE DRIVER WAS DRIVING VERY SLOWLY. I ACTIVATED MY OVERHEAD LIGHTS AND OBSERVED THAT THE DRIVER ACKNOWLEDGED MY PRESENCE BEHIND HIM BUT DID NOT IMMEDIATELY PULL OVER. ONCE THE DRIVER CAME TO A STOP, HIS VEHICLE WAS COMPLETELY BLOCKING AN ENTRANCE TO A SHOPPING PLAZA. UPON MAKING CONTACT WITH THE DRIVER, I ASKED HIM FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. HE WAS ABLE TO LOCATE HIS DRIVER'S LICENSE AND ATTEMPTED TO HAND ME A PILE OF PAPERWORK. I ADVISED HIM ALL I NEEDED WAS THE VEHICLE REGISTRATION; HOWEVER, HE DID NOT APPEAR TO BE COHERENT ENOUGH TO LOCATE THE REGISTRATION. HE CONTINUED TO ATTEMPT TO HAND ME THE PILE OF PAPERWORK. IN SPEAKING WITH THE DRIVER, I COULD SMELL AN OVER-POWERING ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DRIVER'S AREA. I MADE COMMENT TO THIS AND THE DRIVER STATED IN A SLURRED AND LETHARGIC SPEECH THAT HE HAD TWO BEERS EARLIER IN THE EVENING. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE, TO WHICH THE DRIVER STEPPED OUT OF THE VEHICLE AND BACK. I HAD HIM STAND BETWEEN HIS VEHICLE AND MY PATROL VEHICLE. I ASKED THE DRIVER IF HE KNEW WHY I HAD PULLED HIM OVER. HE ADVISED HE HAD TO RUN THE RED LIGHT BECAUSE HE WAS RUNNING OUT OF GAS. WHILE SPEAKING TO THE DRIVER ON THE SIDE OF THE ROAD, I AGAIN COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DRIVER'S BREATH AS HE SPOKE. I ADVISED THE DRIVER THAT I HAD SUSPICIONS THAT HE WAS DRIVING UNDER THE INFLUENCE AND REQUESTED THAT HE PARTICIPATE IN SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD NOT. WHILE SPEAKING WITH THE DRIVER, I ALSO OBSERVED THAT THE DRIVER KEPT HOLDING ON TO THE SIDE OF HIS TRUCK AS WELL AS HAVING SLURRED SPEECH. EVERY TIME I HAD HIM TAKE HIS HANDS OFF OF THE TRUCK, HE WOULD TUCK HIS HANDS BEHIND HIS BACK AND HOLD ON TO HIS PANTS. I ASKED THE DRIVER IF HE HAD ANY VEHICLE REGISTRATION SINCE HE WAS NOT ABLE TO PRODUCE ONE, TO WHICH HE SAID THAT IT SHOULD BE IN THE CAB OF THE TRUCK. I ASKED FOR PERMISSION TO OPEN THE PASSENGER DOOR AND LOOK, TO WHICH HE ADVISED ME THAT I COULD. IN SEARCHING THE PILE OF PAPERWORK THE DRIVER HAD ATTEMPTED TO HAND ME, I WAS UNABLE TO LOCATE THE VEHICLE REGISTRATION. I AGAIN ASKED THE DRIVER IF HE WOULD PARTICIPATE IN ANY FIELD SOBRIETY TASKS, AS I FELT HE WAS DRIVING UNDER THE INFLUENCE, TO WHICH THE DRIVER AGAIN STATED HE WOULD NOT. I ADVISED THE DRIVER HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE, PER THE DEFENDANT'S REQUEST. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8242-SBD , WITH A MANDATORY COURT APPEARANCE ON 120607 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
