| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR07100139) 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) AND DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 110107 AT APPROXIMATELY 0036 HOURS, I WAS DISPATCHED TO THE AREA OF THE QP GAS STATION AT US HIGHWAY 19 AND WEST HOMOSASSA TRAIL IN REFERENCE TO A PHYSICAL ALTERCATION IN PROGRESS. UPON ARRIVAL, CORPORAL BONURA WAS ALREADY PRESENT WITH A WHILE MALE WHO WAS LEANING AGAINST CORPORAL BONURA'S PATROL VEHICLE ALONG WITH FOUR WHITE FEMALE SUBJECTS, STANDING AND SPEAKING WITH CORPORAL BONURA. THEY WERE STANDING NEXT TO A BLACK VEHICLE. I ASKED THE DRIVER/DEFENDANT, MR BRADLEY SMITH, FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. HE PROVIDED ME WITH HIS FLORIDA IDENTIFICATION, EXPLAINING THAT HE HAD A SUSPENDED FLORIDA DRIVER'S LICENSE. I ASKED HIM HOW HE HAD ENDED UP AT THIS LOCATION. HE STATED HE DROVE THERE, FOLLOWING THESE OTHER INDIVIDUALS FROM A PARTY. I EXPLAINED TO HIM THAT I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. HE ADVISED HE HAD BEEN DRINKING BUT ONLY HAD TWO OR THREE BEERS. IT SHOULD BE NOTED THAT THE DRIVER HAD A SMALL AMOUNT OF BLOOD ON HIS BOTTOM LIP AND A RED MARK ON HIS RIGHT CHEEK BONE. I ASKED HIM HOW HE HAD GOTTEN HIS INJURIES, TO WHICH HE ADVISED HE HAD BEEN BEATEN UP BY THESE FOUR FEMALE SUBJECTS. I ADVISED HIM THAT SINCE HE DID NOT HAVE A DRIVER'S LICENSE AND HE HAD BEEN DRINKING, THAT HE SHOULD NOT HAVE BEEN DRIVING. TO THIS HE ADVISED "GO AHEAD AND ARREST ME," HOWEVER, HE STATED HE WANTED THE FOUR FEMALE SUBJECTS CHARGED AS WELL. I SPOKE WITH THE FOUR WHITE FEMALES WHO WERE PRESENT. THEY ADVISED THEY HAD CALLED 9-1-1 IN REFERENCE TO THE DEFENDANT TRYING TO RUN THEM OFF THE ROAD WITH HIS BLACK VEHICLE. THEY STATED THE DEFENDANT HAD BEEN FOLLOWING THEM ALL THE WAY FROM A PARTY IN CRYSTAL RIVER. THEY ADVISED ONCE THEY PULLED INTO THE GAS STATION, UNDER THE LIGHTS, THE DEFENDANT APPROACHED THEIR VEHICLE AFTER HE HAD PARKED NEXT TO THEM. THE FEMALES STATED THE DEFENDANT OPENED THE PASSENGER DOOR OF THEIR VEHICLE AND ONE OF THE FEMALES GOT OUT. THEY ADVISED THE OTHER THREE FEMALE SUBJECTS IN THE VEHICLE GOT OUT OF THE VEHICLE IN ORDER TO PROTECT THE ONE FEMALE SUBJECT WHO HAD ALREADY EXITED THE VEHICLE. AN ALTERCATION ENSUED BUT ULTIMATELY THE ONLY ONE INJURED WAS THE DEFENDANT. THE FEMALE WHO DID GET STRUCK SIGNED A WAIVER OF PROSECUTION. IT SHOULD BE NOTED THE DEFENDANT WAS CHECKED AT THE SCENE BY THE EMERGENCY MEDICAL SERVICES CAPITAN AND HE DID REFUSE MEDICAL TREATMENT. I RETURNED TO MY PATROL VEHICLE AND RAN THE DEFENDANT'S IDENTIFICATION CARD. I CONFIRMED THAT HIS DRIVER'S LICENSE WAS SUSPENDED AND HAD BEEN SUSPENDED ON THREE DIFFERENT OCCASIONS. I MADE CONTACT WITH THE DEFENDANT AGAIN AND ADVISED HIM HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED (DWLS/R) AND IT WAS MY BELIEF, IN SPEAKING WITH HIM, THAT HE WAS ALSO DRIVING UNDER THE INFLUENCE. IT SHOULD BE NOTED THAT THE DEFENDANT HAD A DIFFICULT TIME STANDING WITHOUT SWAYING WHICH WAS WHY HE WAS LEANING AGAINST THE VEHICLE. HE ALSO SLURRED HIS SPEECH. THE DEFENDANT 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 PROCESSING. ONCE AT THE DETENTION FACILITY, THE DEFENDANT WAS ASKED IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK PROPERLY. HE ONLY TOUCHED HEEL TO TOE ON STEP SIX. HE STEPPED OFF THE LINE THREE TIMES. WALKING OUT, HE TOOK FIFTEEN STEPS AND TURNED AROUND IMPROPERLY BY JUMPING IN A CIRCLE. HE THEN STEPPED OFF THE LINE FOUR MORE TIMES AND ONLY TOUCHED HEEL TO TOE AGAIN ON STEP SIX AS WELL AS STEP NINE. HE TOOK SEVENTEEN STEPS PRIOR TO STOPPING. TASK THREE, ONE LEG LIFT. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS BALANCE, REPEATEDLY PUT HIS FOOT DOWN. HE ALSO REPEATEDLY STATED THAT I HAD NOT TOLD HIM HE HAD TO COUNT OUT LOUD, EVEN THOUGH IT WAS EXPLAINED THREE TIMES TO HIM. AFTER HIS THIRD ATTEMPT, THE DEFENDANT ADVISED HE COULD NOT PERFORM THE TASK. IT SHOULD BE NOTED THAT THE DEFENDANT HAD HIS MIRANDA WARNINGS READ TO HIM, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH THIS DEPUTY. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO CCA PERSONAL FOR PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT IN THE PARKING LOT OF THE QP GAS STATION AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .115, .121 AND .127. 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 8241-XBD WITH A MANDATORY COURT APPEARANCE ON 111507 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7352-RHU , FOR DWLS/R ALSO WITH A BOND OF $500.00, PER THE BOND SCHEDULE AND A MANDATORY COURT APPEARANCE ON 111507 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
