| Probable cause affidavit: |
SUBMITTED BY: OSBORN, KEVIN 163 (AR16-21205) 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(1)(A). ON 100416, AT APPROXIMATELY 2245 HOURS, I OBSERVED A RED TOYOTA PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE 7987JY, IN THE MIDDLE OF THE INTERSECTION AT STATE ROAD 44 AND COUNTY ROAD 470, WITH ITS EMERGENCY FLASHERS ON. I THEN EXITED MY MARKED PATROL VEHICLE AND APPROACHED THE DRIVER, WHO GOT BACK IN HIS VEHICLE AND CONTINUED WESTBOUND ON STATE ROAD 44. AFTER OBSERVING THIS ACTION, I GOT BACK IN MY PATROL VEHICLE AND FOLLOWED THE TOYOTA PICKUP TRUCK FOR A QUARTER OF A MILE. DURING THAT TIME, THE VEHICLE SWERVED RIGHT TO LEFT AND CROSSED THE SOLID LINE ON THE RIGHT SIDE OF THE ROAD SEVERAL TIMES. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP AT STATE ROAD 44, APPROXIMATELY ONE QUARTER MILE WEST OF COUNTY ROAD 470, WITHIN CITRUS COUNTY, FLORIDA. I ONCE AGAIN EXITED MY PATROL VEHICLE, AT WHICH TIME I MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED BY THE DRIVER AND VEHICLE INFORMATION DATABASE AS MR CEPHAS CHRISTIAN (DEFENDANT). I ADVISED MR CHRISTIAN THE REASON FOR THE TRAFFIC STOP. WHILE SPEAKING WITH MR CHRISTIAN, I DETECTED AN OVERWHELMING ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND BREATH. MR CHRISTIANâS SPEECH WAS EXTREMELY SLURRED AND HIS EYES WERE BLOOD SHOT AND WATERY. I REQUESTED THAT MR CHRISTIAN EXIT HIS VEHICLE, AT WHICH TIME I OBSERVED HIM TO BE UNSTEADY AND WOBBLY ON HIS FEET. HIS GROSS MOTOR SKILLS, ARM AND HEAD MOVEMENTS, WERE SLOW AND RIGID. IT APPEARED TO ME BASED ON MY OBSERVATION, THAT MR CHRISTIAN WAS INTOXICATED. I THEN ASKED MR CHRISTIAN IF HE HAD BEEN DRINKING AND HE RESPONDED âA FUCKING SHIT LOAD.â I ADVISED MR CHRISTIAN OF MY OBSERVATION AND SUSPICION THAT HE WAS INTOXICATED. I THEN REQUESTED THAT HE PERFORM ROADSIDE SOBRIETY EXERCISES, TO WHICH HE RESPONDED THAT 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. WHILE EXPLAINING THE FIRST TASK, MR CHRISTIAN BECAME EXTREMELY WOBBLY ON HIS FEET AND FELL TOWARDS ME, ALMOST FALLING TOWARDS THE GROUND DUE TO HIS INTOXICATED STATE. AT THAT TIME, DUE TO SAFETY REASONS AND THE CONCERN THAT MR CHRISTIANâS INTOXICATED STATE COULD CAUSE MR CHRISTIAN TO HARM HIMSELF, I ENDED THE SOBRIETY EXERCISES AND PLACED HIM UNDER ARREST FOR SUSPICION OF DRIVING UNDER THE INFLUENCE. MR CHRISTIAN WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. MR CHRISTIANâS VEHICLE WAS TOWED BY REVIS TOWING IN WILDWOOD, FLORIDA. MR CHRISTIAN WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. MR CHRISTIAN REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. MR CHRISTIAN WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. MR CHRISTIAN WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER A22101E, FOR REFUSING TO SUBMIT TO FIELD SOBRIETY EXERCISES. |
