| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR10117932) 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); ON 111510 AT APPROXIMATELY 1925 HOURS, I ARRIVED AT THE AREA OF NORTH FLORIDA AVENUE JUST NORTH OF THE APEX AT HIGHWAY 41 & STATE ROAD 200 IN REFERENCE TO A CALL ABOUT A POSSIBLE DRUNK DRIVER; DRIVING A SILVER FULL SIZE PICKUP WITH A HARLEY DAVIDSON STICKER ON THE EXTERIOR OF THE TAIL BED, BEARING FLORIDA TAG X201RG. THE VEHICLE WAS TO BE HEADED SOUTHBOUND ON NORTH FLORIDA AVENUE. I THEN OBSERVED A VEHICLE MATCHING THAT DESCRIPTION DRIVING SOUTHBOUND ON NORTH FLORIDA AVENUE IN THE AREA NORTH OF EAST LOUISE LANE. I TURNED MY PATROL VEHICLE AROUND AND HEADED SOUTHBOUND TO ATTEMPT TO OBSERVE THE VEHICLE . I WAS ABLE TO GET BEHIND THE VEHICLE WHICH WAS IDENTIFIED BY THE TAG NUMBER, COLOR AND STYLE OF THE VEHICLE . THE VEHICLE WAS TRAVELLING AT APPROXIMATELY 40 MILES PER HOUR (MPH). I THEN NOTICED THAT THE VEHICLE WITH THE PASSENGER SIDE TIRES TOUCH THE WHITE FOG LINE ON THE RIGHT HAND SIDE OF THE ROAD. THE VEHICLE THEN CORRECTED ITSELF AND RETURNED TO THE TRAVEL LANE. THE VEHICLE THEN APPLIED ITS BREAKS FOR NO APPARENT REASON. AT THIS TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS TO AFFECT A TRAFFIC STOP. THE VEHICLE THEN PULLED OVER ON THE WEST SIDE OF NORTH FLORIDA AVENUE ONTO THE GRASSY SHOULDER. I MADE CONTACT WITH THE DRIVER WHO WAS IDENTIFIED AS MR CHARLIE THOMAS PAULK. I ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE FOR THE VEHICLE . THE DRIVER IMMEDIATELY PROVIDED HIS DRIVER'S LICENSE AND BEGAN TO LOOK FOR THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. I OBSERVED A SET OF GOLF CLUBS IN THE BACK SEAT AND ASKED THE DRIVER WHERE HE WAS COMING FROM . THE DRIVER REPLIED WITH SLURRED SPEECH RAINBOW SPRINGS. I CONTINUED TO WAIT FOR THE DRIVER TO PROVIDE THE VEHICLE REGISTRATION AND INSURANCE CARD. I NOTICED THAT THE DRIVER HAD IN HIS HAND WHAT APPEARED TO BE THE REGISTRATION TO THE VEHICLE, DUE TO IT HAVING THE SAME LICENSE PLATE NUMBER AS THE VEHICLE . THE PASSENGER PROVIDED THE DRIVER WITH THE INSURANCE CARD. I THEN HAD TO PROMPT THE DRIVER THAT HE HAD BEEN HOLDING THE VEHICLE REGISTRATION IN HIS HAND FOR A FEW MINUTES. HIS REPLY WAS "THAT HE HAD SEVERAL BOATS AND DID NOT REALIZE THAT WAS THE REGISTRATION TO THE VEHICLE. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE; BECAUSE, I COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. AS THE DRIVER EXITED THE VEHICLE, HE MOMENTARILY STEADIED HIMSELF USING THE OPEN DRIVER DOOR. I ASKED THE DRIVER TO STEP TO THE REAR OF HIS VEHICLE . AS I CLOSED THE DRIVER'S DOOR, THE DRIVER TOOK APPROXIMATELY TWO STEPS THEN HAD TO STEADY HIMSELF BY HOLDING ON TO THE DRIVER'S SIDE BED OF THE PICKUP. THE DRIVER CONTINUED TO THE REAR OF THE PICKUP AND LOST HIS BALANCE ALMOST FALLING FORWARD AND WITH HIS LEFT HAND GRABBED THE TAILGATE OF THE PICKUP TO PULL HIMSELF BACK. I ASKED THE DRIVER IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES BEFORE DRIVING; BECAUSE, I WAS ABLE TO SMELL THE ODOR. HE STATED HE HAD ONE BEER AND TWO JOHNNY WALKER BLACK. I THEN INFORMED THE DRIVER THAT I WOULD BE REQUESTING HE SUBMIT TO A FIELD SOBRIETY TEST. I INFORMED HIM THAT WE WOULD BE CROSSING THE ROAD ONTO A HARD FLAT SURFACE TO PERFORM THE FIELD SOBRIETY TASKS. AT THAT TIME, THE DRIVER ASKED WHAT HIS OPTIONS WERE. I AGAIN ASKED THE DRIVER TO PERFORM FIELD SOBRIETY TASKS, AGAIN HE ASKED WHAT HIS OPTIONS WERE. THE DRIVER ASKED ANOTHER OFFICER WHAT HIS OPTIONS WERE IF HE DID NOT PERFORM THE FIELD SOBRIETY TASK. HE WAS ADVISED THAT THERE WERE NO OTHER OPTIONS. AT THIS TIME, THE DRIVER WAS PLACED UNDER ARREST FOR ONE COUNT OF DRIVING UNDER THE INFLUENCE. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. I THEN ADVISED THE DEFENDANT OF THE IMPLIED CONSENT WARNING AND REQUESTED THAT HE SUBMIT TO A BREATH TEST AND THE POSSIBILITY OF SUSPENSION OF HIS DRIVER'S LICENSE FOR REFUSAL. THE DRIVER DID NOT ANSWER. I ASKED THE DRIVER IF THERE WAS ANYONE THAT COULD PICK UP THE VEHICLE . HE ADVISED HIS WIFE AND PROVIDED ME WITH A TELEPHONE NUMBER PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS DRIVEN TO THE CUMBERLAND FOOD MART BY DEPUTY CANFIELD TO AWAIT THE DEFENDANT'S WIFE TO PICK UP THE VEHICLE. THE PASSENGER WAS NOT ALLOWED TO OPERATE THE VEHICLE DUE TO HIM ADMITTING THAT HE HAD ALSO BEEN DRINKING,. THE DRIVER WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCJ) FOR BOOKING AND PROCESSING. WHILE AT THE DETENTION FACILITY THE DEFENDANT AGAIN REFUSED TO SUBMIT TO A BREATH TEST. THIS INFORMATION WAS PROVIDED TO ME BY OFFICER SIBILIR ON A STATE OF FLORIDA AFFIDAVIT OF REFUSAL FORM. THE OFFICER ALSO PROVIDED ME WITH THE BREATH ALCOHOL TEST AFFIDAVIT. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 8208FRY3 FOR DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE; WITH A MANDATORY COURT DATE OF 120210 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING NUMBER 309087B FOR FAILURE TO MAINTAIN A SINGLE LANE. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
