| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR09107119) 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, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; AND DID, KNOWING HIS DRIVER'S 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, IN VIOLATION OF FLORIDA STATUTE 322.34(2)(A). ON 010909 AT APPROXIMATELY 2030 HOURS, I ARRIVED IN THE AREA OF BEA AVENUE AND 3312 EAST FOX COURT IN REFERENCE TO A SINGLE VEHICLE CRASH. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT WAS UNSTEADY ON HIS FEET, HE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, AND HIS SPEECH WAS SLURRED. AT THAT TIME, I ASKED THE DEFENDANT WHAT HAD HAPPENED IN REFERENCE TO THE CRASH. HE ADVISED ME AT THAT TIME, HE WAS DRUNK AND HE WAS HEADED DOWN BEA AVENUE AT APPROXIMATELY 40 MILES PER HOUR. WHEN HE REACHED OVER TO CHANGE THE RADIO STATION HE LOST CONTROL OF HIS VEHICLE. THE VEHICLE THEN STRUCK A TREE AND A BOULDER. AT THAT TIME, I ADVISED THE DEFENDANT I WAS CONCLUDING MY TRAFFIC CRASH INVESTIGATION AND WAS THEN CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING WHILE UNDER THE INFLUENCE. AT THAT TIME, I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING, AND HE ADVISED HE DID NOT KNOW. HE WAS VERY UNSTEADY ON HIS FEET. AT WHICH TIME, I HAD TO PLACE MY HANDS ON HIS SHOULDER TO KEEP HIM FROM FALLING. I THEN ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE FIELD SOBRIETY TASKS. AT WHICH TIME, HE ADVISED ME HE DID. HE HAD AN INJURY TO HIS RIGHT ANKLE AND HEAL AREA AND WAS WEARING A BRACE. I THEN ASKED THE DEFENDANT IF HE READ AND WROTE THE ENGLISH LANGUAGE AT WHICH TIME HE STARTED TO RECITE THE ALPHABET AND WAS INSTRUCTED NOT TO DO SO. I THEN ASKED THE DEFENDANT IF HE WANTED TO PERFORM FIELD SOBRIETY. AT WHICH TIME, HE ADVISED ME HE DID NOT WANT TO. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND WAS THEN READ HIS IMPLIED CONSENT. AT WHICH TIME, HE REFUSED. THE DEFENDANT WAS ALSO READ HIS MIRANDA RIGHTS VIA CARD AND AGAIN HE WAS ASKED HOW MUCH HE HAD TO DRINK THIS EVENING, AND HE ADVISED TOO MUCH. THE DEFENDANT WAS ASKED ABOUT HIS DRIVERS LICENSE, AND HE ADVISED HE DID NOT HAVE ONE. THE DEFENDANT WAS THEN ASKED AGAIN ABOUT HIS DRIVERS LICENSE. AT WHICH TIME, HE ADVISED ME HIS LICENSE WAS SUSPENDED OUT OF CONNECTICUT. AT THAT TIME, I THEN CONDUCTED A DRIVERS LICENSE CHECK THROUGH DISPATCH AND THE DRIVERS LICENSE CHECK REVEALED THAT HIS DRIVERS LICENSE HAD BEEN SUSPENDED OUT OF CONNECTICUT. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE THE DEFENDANT VEHICLE WAS TURNED OVER TO ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE SUBMITTED TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS OF .262 AND .265. THE DEFENDANT WAS THEN CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. HE WAS ALSO CHARGED WITH DRIVING WHILE LICENSE SUSPENDED WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7245-XAD9, WITH A MANDATORY COURT APPEARANCE OF 012909 AT 1300 HOURS, AT THE CITRUS COUNTY COURT HOUSE, AND FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7949-BUD9, FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY, WITH A MANDATORY COURT DATE OF 012909 AT 1300 HOURS, AT THE CITRUS COUNTY COURT HOUSE. HE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7950-BUD2, FOR CARELESS DRIVING WITH $141.00 FINE, PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY COURT HOUSE. *NOT-EXEMPT* |
