| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (16-163944) (AR16-21792) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, WITH FOUR PRIOR CONVICTIONS, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C). DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) 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 NORMAL FACULTIES WERE IMPAIRED, THIS BEING HIS THIRD OFFENSE IN MORE THAN TEN YEARS, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B)(2). ON 113016, AT 0141 HOURS, I WAS REQUESTED TO RESPOND TO 6775 SOUTH SUNCOAST BOULEVARD, IN HOMOSASSA, TO THE PARKING LOT OF THE CIRCLE K BY DEPUTY COGAR (1306) TO INVESTIGATE A POSSIBLE DRIVING UNDER THE INFLUENCE. UPON ARRIVING, DEPUTY COGAR AND DEPUTY DOCTOR (1395) HAD THE DEFENDANT DETAINED. AT WHICH POINT DEPUTY COGAR ADVISED ME THAT SHE AND DEPUTY DOCTOR HAD RECEIVED A CALL REFERENCE TO A MALE SLUMPED OVER THE STEERING WHEEL OF A RED PICKUP TRUCK THAT WAS RUNNING AND HAD THE HEADLIGHTS ON. DEPUTY COGAR STATED THAT WHEN SHE ARRIVED, THE DEFENDANT APPEARED TO BE UNCONSCIOUS, THE TRUCKS ENGINE WAS RUNNING WITH THE KEYS IN THE IGNITION AND THE HEADLIGHTS WERE ON. BELIEVING THAT THIS COULD POSSIBLY BE A MEDICAL CONDITION, SHE REQUESTED EMERGENCY MEDICAL SERVICES TO RESPOND PRIOR TO APPROACHING THE VEHICLE. DEPUTY COGAR AND DEPUTY DOCTOR WILL COMPLETE SUPPLEMENTAL REPORTS DOCUMENTING THEIR INVOLVEMENT IN THIS INCIDENT, SEE THEIR REPORTS FOR FURTHER. AT THAT POINT, I APPROACHED THE DEFENDANT AND ATTEMPTED TO IDENTIFY MYSELF HOWEVER, THE DEFENDANT WAS VERBALLY AGGRESSIVE STATING THAT I HAD NO RIGHT TO DETAIN HIM, THAT HE WAS NOT DRIVING. AT WHICH POINT I THEN ATTEMPTED TO INFORM HIM THAT HE WAS IN CONTROL OF THE VEHICLE DUE TO THE KEYS BEING IN THE IGNITION, THE ENGINE RUNNING AND HIM BEING SEATED IN THE DRIVERâS SEAT. I REQUESTED THE DEFENDANT TO EXIT HIS VEHICLE ASKING THAT HE SUBMIT TO SOME FIELD SOBRIETY TASKS TO DETECT POSSIBLE IMPAIRMENT, IN WHICH HE REFUSED. WHILE SPEAKING WITH THE DEFENDANT, HE KEPT ATTEMPTING TO LEAN AGAINST HIS TRUCK TO STEADY HIMSELF, HIS PUPILS WERE EXTREMELY DILATED, HIS CLOTHING WAS DISHEVELED, AND HE HAD A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. JUST TO CLARIFY WITH THE DEFENDANT, I ONCE AGAIN REQUESTED THAT HE SUBMIT TO THE FIELD SOBRIETY TASKS IN WHICH HE STATED, âNO, I DONâT HAVE TO FUCKING TO DO ANYTHING, I WASNâT DRIVING, THEREâS CAMERAS ALL AROUND THE STORE TO PROVE ITâ. IT WAS AT THAT POINT THAT I INFORMED THE DEFENDANT THAT BECAUSE HE WAS IN CARE, CUSTODY AND CONTROL OF THE VEHICLE HE WAS BEING PLACED UNDER ARREST FOR SUSPICION OF DRIVING UNDER THE INFLUENCE. WHILE I WAS COMPLETING MY DRIVING UNDER THE INFLUENCE INVESTIGATION, DEPUTY COGAR CONTACTED TELETYPE FOR INFORMATION ON THE DEFENDANTâS DRIVER'S LICENSE WHERE SHE INFORMED ME THAT THE DEFENDANTâS LICENSE HAD BEEN REVOKED IN THE STATE OF NORTH CAROLINA AND THAT HE ONLY HAD A NORTH CAROLINA IDENTIFICATION CARD IN HIS POSSESSION. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT REFUSED TO ACKNOWLEDGE HIS MIRANDA RIGHTS AS WELL AS NOT ANSWERING THE IMPLIED CONSENT QUESTION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO CORRECTIONS OFFICER CRYSTAL THOMPSON WHO RE-READ HIM HIS MIRANDA AND IMPLIED CONSENT AGAIN, WHERE HE AGAIN REFUSED. I THEN DID A COMPUTER CHECK OF THE DEFENDANTâS DRIVER'S LICENSE WHERE I FOUND THAT HE HAD TWO PRIOR CONVICTIONS FOR DRIVING UNDER THE INFLUENCE IN MORE THAN 10 YEARS AND ONE PRIOR CONVICTION FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST IN NORTH CAROLINA ALONG WITH FOUR PRIOR CONVICTIONS FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED IN THE STATE OF NORTH CAROLINA. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, THIRD CONVICTION MORE THAN 10 YEARS, ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, THIRD OFFENSE, ONE COUNT OF REFUSING TO SUBMIT TO TESTING. THE DEFENDANTâS BOND WAS SET AT $5,000.00 FOR DRIVING UNDER THE INFLUENCE, THIRD CONVICTION MORE THAN 10 YEARS, $5,000.00 FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, THIRD OFFENSE, $1,000.00 FOR REFUSING TO SUBMIT TO TESTING WITH A TOTAL BOND OF $11,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A44KPAE FOR DRIVING WHILE LICENSE SUSPENDED, THIRD OFFENSE, WITH A MANDATORY COURT APPEARANCE OF 121216 AT 0845 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A44KRZE, FOR DRIVING UNDER THE INFLUENCE, THIRD CONVICTION MORE THAN 10 YEARS, WITH A MANDATORY COURT DATE OF 121216 AT 0845 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER A44KP9E FOR REFUSING TO SUBMIT TO TESTING, WITH A MANDATORY COURT DATE OF 121216 AT 0845 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMâS TOWING PER ROTATION. NO FURTHER ACTION BY THIS DEPUTY. |
