| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR10118547) 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'S STATE STATUTE 316.193. 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'S STATE STATUTE 322.34(2). ON 122310 AT APPROXIMATELY 2350 HOURS, I RESPONDED TO THE KANGAROO GAS STATION IN HERNANDO IN REFERENCE TO A POSSIBLE DRIVING UNDER THE INFLUENCE CRASH. UPON ARRIVAL, I MET WITH THE WITNESSES WHO ADVISED THAT THE DEFENDANT, MR CHARLES BROWN II, WAS BACKING A GREY GMC PICKUP BEARING OHIO PLATES OF EVX8960 OUT OF A PARKING SPOT WHEN HE COLLIDED WITH ANOTHER VEHICLE PARKED AT THE GAS PUMP. THE WITNESSES SAID that THEY BELIEVE THE DEFENDANT WAS INTOXICATED BECAUSE OF HIS SLURRED SPEECH AND ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I THEN SPOKE WITH THE DEFENDANT WHO WAS STANDING OUTSIDE OF HIS TRUCK SWAYING FROM SIDE TO SIDE. I ASKED HIM TO EXPLAIN WHAT HAD occurred, TO WHICH HE SAID HE WAS BACKING OUT OF THE PARKING LOT AND COLLIDED WITH THE VEHICLE PARKED AT the GAS PUMP. I NOTICED THE DEFENDANT HAD A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH, GLASSY EYES and SLURRED SPEECH. I ASKED HIM IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES TONIGHT, TO WHICH HE ADVISED THAT HE HAD A COUPLE OF BEERS. I ASKED HIM FOR HIS DRIVER'S LICENSE AND REGISTRATION AT WHICH TIME HE PROVIDED ME WITH AN OHIO IDENTIFICATION CARD. THE DEFENDANT THEN TOLD ME THAT HIS LICENSE WAS SUSPENDED. A DEPARTMENT OF HIGHWAY AND MOTOR VEHICLE CHECK OF THE DEFENDANT'S LICENSE DID SHOW HIS LICENSE TO BE SUSPENDED OUT OF OHIO BUT DID NOT STATE THE REASON. AFTER CONDUCTING MY TRAFFIC CRASH INVESTIGATION (DHSMV # 74939252), I EXPLAINED TO THE DEFENDANT THAT I FOUND HIM AT FAULT FOR THE CRASH AND CITED HIM ACCORDINGLY. I THEN EXPLAINED TO THE DEFENDANT THAT I WAS NOW CONDUCTING A CRIMINAL INVESTIGATION AND WAS ARRESTING HIM FOR DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED. THE DEFENDANT SAID THAT HE UNDERSTOOD AND ASKED THAT HIS VEHICLE BE LEFT ON SCENE IN THE PARKING LOT. THE STORE MANAGER AGREED AND THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE to the CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT SAID THAT HE WAS GOING TO REFUSE TO DO FIELD SOBRIETY EXERCISES and GIVE AN SAMPLE OF HIS BREATH AS HIS LICENSE WAS ALREADY SUSPENDED. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT DID REFUSE FIELD SOBRIETY EXERCISES and A SAMPLE OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATIONS FOR DRIVING UNDER THE INFLUENCE, DRIVING WHILE LICENSE SUSPENDED AND IMPROPER BACKING WITH COURT DATES TO BE SET. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *not-exempt* |
