| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR15-17347) \tdid, knowing HIS/HER driver's license or driving privilege had been cancelled, suspended or revoked AS A HABITUAL TRAFFIC OFFENDER, 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)C, AND THE DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 316.1939(1)(E), AND THE DEFENDANT IS IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03 (4) BY NOT HAVING THE PROPER MOTORCYCLE ENDORSEMENT. ON 112115, I WAS DISPATCHED TO the AREA OF THE LECANTO WAL-MART LOCATED AT 1936 NORTH LECANTO HIGHWAY IN REFERENCE TO AN INTOXICATED SUBJECT LEAVING the STORE WITH A SMALL CHILD AND GETTING ONTO A MOTORCYCLE. THE MOTORCYCLE WAS LAST SEEN TRAVELLING THROUGH the PARKING LOT TOWARDS NORTH LECANTO HIGHWAY. THIS CALL WAS PLACED BY WITNESS PATRICK HENRY, WHO WAS A SECURITY OFFICER FOR the LECANTO WAL-MART. MR HENRY PROVIDED A SWORN, WRITTEN STATEMENT WHERE HE ADVISED THAT HE HAD OBSERVED the DEFENDANT STUMBLING THROUGH the STORE AND HE HAD A VERY YOUNG BOY WITH HIM. THE DEFENDANT AND YOUNG BOY ARRIVED ON A MOTORCYCLE, AT WHICH TIME the WITNESS CONTACTED THIS AGENCY. AFTER SEVERAL MINUTES IN the STORE and STUMBLING THROUGH the JEWELRY SECTION, THE DEFENDANT, WHO WAS WEARING A GREEN SHIRT and SHORTS, EXITED the STORE GETTING ONTO A WHITE AND BLUE MOTORCYCLE LAST SEEN DRIVING ACROSS THE PARKING LOT. WITNESS HENRY FURTHER PROVIDED A COPY OF VIDEO SHOWING the DEFENDANT IN the JEWELRY SECTION AT the ENTRY EXIT DOORS and GETTING ON THE MOTORCYCLE. BEING familiar WITH THE A SUBJECT THAT OWNS A SIMILAR MOTORCYCLE, I RESPONDED TO A MOBILE HOME LOCATED AT 3255 WEST HORACE ALLEN STREET IN LECANTO, and AS I WAS APPROACHING I DID OBSERVE A SINGLE HEADLIGHT TRAVELLING DOWN the DRIVEWAY, HOWEVER I DID NOT OBSERVE the OPERATOR AT THAT TIME. AS I ENTERED the DRIVEWAY FROM WEST HORACE ALLEN STREET I OBSERVED A SMALL BOY LATER IDENTIFIED AS the DEFENDANT'S SON, SEBASTIAN BEAVER, WALKING IN the DRIVEWAY HOLDING A MOTORCYCLE HELMET. AS I EXITED MY PATROL VEHICLE NEAR THE MOBILE HOME, I OBSERVED THE DEFENDANT WALKING AWAY FROM A WHITE AND BLUE MOTORCYCLE. UPON CHECKING the MOTORCYCLE ENGINE I DID NOTICE THAT IT DID NOT HAVE A LICENSE TAG AND the ENGINE WAS STILL HOT. AT THIS POINT, I CONFRONTED The DEFENDANT'S IDENTIFIED AS MR CHAD BEAVER, AT WHICH TIME THE DEFENDANT ASKED ME AS TO WHY I WAS PRESENT. I STATED THAT HE WAS OBSERVED AT THE LECANTO WAL-MART OPERATING THE BLUE and WHITE MOTORCYCLE HAVING HIS SON WITH HIM and THAT HE WAS INTOXICATED. I DID OBSERVE THE DEFENDANT TO BE STUMBLING, HIS EYES WERE EXTREMELY GLASSY, and BLOOD-SHOT, and HE HAD A STRONG ODOR OF ALCOHOL ON HIS BREATH. THE DEFENDANT AT THAT TIME DID DENY ANY OF the ALLEGATIONS STATING THAT HE IS ON HIS OWN PROPERTY IN HIS DRIVEWAY and THAT THERE WAS NOTHING I could DO ANYWAY. DEPUTY MIKE WILLIAMS HAD RESPONDED TO the AREA TO ASSIST and HE RESPONDED TO the LECANTO WAL-MART WHERE HE RECEIVED the WRITTEN STATEMENT and VIDEO FROM SECURITY OFFICER WITNESS HENRY. UPON LEARNING OF THE WITNESS' STATEMENT, I DID ADVISE THE DEFENDANT that I BELIEVED HE WAS OPERATING THE MOTORCYCLE WHILE INTOXICATED and REQUESTED THAT HE SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH HE ADAMANTLY REFUSED. I THEN ADVISED HIM OF THE FLORIDA IMPLIED CONSENT LAW THAT A REFUSAL TO TAKE A BREATH TEST WOULD SUBJECT HIM TO SUSPENSION OF HIS DRIVER'S LICENSE, AT which TIME HE HAD ADVISED EARLIER WAS ALREADY SUSPENDED. I THEN GAVE HIM HIS MIRANDA WARNINGS, TO WHICH HE STATED HE UNDERSTOOD, HOWEVER REPEATED THAT I COULD NOT LOCK HIM UP BECAUSE HE WAS ON HIS OWN PROPERTY. UPON REQUESTING THE DEFENDANT TO TURN FOR ME TO PLACE HANDCUFFS ON HIM HE HAD FIRST INDICATED THAT HE MIGHT REFUSE SO I ADVISED HIM THAT IF HE DID NOT COOPERATE HE COULD BE CHARGED WITH RESISTING ARREST. AT THAT TIME, HE FULLY COMPLIED AND I PLACED HIM in the REAR OF MY PATROL VEHICLE IN ORDER TO CONVEY HIM TO THE CITRUS COUNTY JAIL. DEPUTY CAROLINE EICHHORN (1365) WAS PRESENT TO ASSIST ME. WHILE CONDUCTING MY INVESTIGATION SHE TOOK CARE OF THE DEFENDANT'S SON, SEBASTIAN BEAVER, WHILE WE WAITED FOR the ARRIVAL OF HIS MOTHER, MS JESSICA FARIA TO TAKE CUSTODY OF HER CHILD. WHILE IN the BACK OF MY PATROL VEHICLE WAITING FOR THE CHILD'S MOTHER TO ARRIVE, the DEFENDANT STATED THAT HE DID NOT UNDERSTAND HOW I COULD LOCK HIM UP FOR ONLY DRIVING 5 MILES PER HOUR (MPH) with THE CHILD ON THE MOTORCYCLE AND IT WAS AT THAT POINT I RE-ADVISED HIM HIS MIRANDA WARNINGS, IN WHICH HE STATED HE UNDERSTOOD AND SAID, "I AM NOT TALKING TO YOU." the DEFENDANT WAS THEN CONVEYED TO THE CITRUS COUNTY JAIL WHERE HE WAS PRESENTED TO "BAC" OPERATOR SCHOETTNER WHERE THE DEFENDANT REFUSED TO PARTICIPATE IN ANY FIELD SOBRIETY TASKS OR THE BREATH ALCOHOL TEST. the DEFENDANT WAS CHARGED AND ISSUED CITATIONS FOR OPERATING A VEHICLE WHILE DRIVERS LICENSE SUSPENDED FORTH OFFENSE PER FLORIDA UNIFORM TRAFFIC CITATION NUMBER A44K4RE, BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE, DUI REFUSE TO SUBMIT TO A BREATH TEST SECOND OFFENSE CITATION NUMBER A44K4TE WITH BOND SET AT $1,000.00 PER THE BOND SCHEDULE, AND NOT HAVING A DRIVER'S LICENSE WITH MOTORCYCLE ENDORSEMENT CITATION NUMBER A44K4SE WITH BOND SET AT $500.00 PER THE BOND SCHEDULE. the DEFENDANT WAS FURTHER ISSUED TWO NON CRIMINAL CITATIONS, ONE FOR NOT HAVING A LICENSE TAG ON the MOTORCYCLE WITH TRAFFIC FINE OF $116..00 CITATION NUMBER A44K4UE AND NOT HAVING PROOF OF INSURANCE WITH A TRAFFIC FINE OF $116.00 WITH CITATION NUMBER A44K4VE. A COPY OF MY IN-CAR CAMERA VIDEO WAS BURNED TO A DVD AND PLACED IN TO EVIDENCE, ALONG WITH THE VIDEO DISK FROM WITNESS HENRY. |
