| Probable cause affidavit: |
SUBMITTED BY: MATOS, THOMAS 0675 (AR11119219) 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 STATE STATUTE 322.34(2)(A); AND 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 020711 AT APPROXIMATELY 1030 HOURS, I WAS DISPATCHED TO A CALL REGARDING A RECKLESS VEHICLE DRIVING SOUTHBOUND ON US 19. AT APPROXIMATELY 1037 HOURS, I OBTAINED A VISUAL ON THE SUSPECT VEHICLE, A RED CHEVY AVALANCHE. THE VEHICLE WAS APPROXIMATELY 15 VEHICLES IN FRONT OF MY POSITION AND I FIRST NOTICED THE VEHICLE AT APPROXIMATELY THE INTERSECTION OF FORT ISLAND TRAIL AND US 19. WHILE ATTEMPTING TO CLOSE THE DISTANCE BETWEEN MYSELF AND THE SUSPECT VEHICLE, I NOTICED THE VEHICLE WAS DRIVING IN A VERY ERRATIC MANNER. I NOTICED THE VEHICLE CROSS OVER THE GRASSY MEDIAN AT LEAST TWICE AND OVERCORRECT INTO THE RIGHT SOUTHBOUND LANE WINDING BACK UP INTO THE LEFT SOUTHBOUND LANE. I ALSO NOTICED THAT ONCE IN THE LEFT SOUTHBOUND LANE THE VEHICLE TOOK OFF AT A GREAT RATE OF SPEED SEPARATING ITSELF FROM THE VEHICLE BEHIND IT BY A GOOD TEN CAR LENGTHS. I WAS FINALLY ABLE TO CATCH UP TO THE VEHICLE AND PLACE MYSELF IN A POSITION TWO CAR LENGTHS BEHIND THE SUSPECT VEHICLE AND ATTEMPTED TO INITIATE A TRAFFIC STOP, BY USING MY EMERGENCY OVERHEAD LIGHTS AT THE INTERSECTION OF OZELLO TRAIL AND SOUTH US 19. AFTER I NOTICED THE DRIVER WAS NOT ADHERING TO MY REQUEST TO PULL OVER, I ACTIVATED MY SIREN TO FURTHER ALERT HIM OF MY PRESENCE. UPON FINALLY COMING TO A STOP AT THE INTERSECTION OF WEST ARBER COURT AND SOUTH US 19, I MADE CONTACT WITH THE DRIVER. THE DRIVER IDENTIFIED HIMSELF AS THE DEFENDANT, MR CODY ALLEN GILKES. THE DRIVER ADVISED ME UPON initial CONTACT THAT HE DID NOT POSSESS A VALID DRIVER'S LICENSE, NOR DID HE HAVE ANY FORM OF IDENTIFICATION ON HIS PERSON. I NOTICED WHILE INTERACTING WITH THE DEFENDANT THAT HIS speech WAS SLURRED, HIS EYES HAD A GLAZED LOOK, AND HIS MOVEMENTS INSIDE THE VEHICLE SEEMED SOMEWHAT IMPAIRED. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO which HE ADVISED LEVY COUNTY COURTHOUSE. THE DEFENDANT ADVISED THAT HE WAS MAKING AN ATTEMPT TO CORRECT HIS LICENSE ISSUES. THE DEFENDANT OFFERED PAPERWORK, WHICH HE HAD IN HIS POSSESSION WHICH SHOWED THE EXISTENCE OF COURT DATES AND APPEARANCES, HOWEVER, DID NOT OFFER ANY PROOF OF HAVING HIS LICENSE REINSTATED. I TOOK DOWN THE DEFENDANT'S NAME AND DATE OF BIRTH IN AN ATTEMPT TO POSITIVELY IDENTIFY HIM AND GAIN ACCESS TO HIS DRIVING RECORD AND DRIVERS LICENSE SUSPENSION. I DID CONFIRM THROUGH FCIC/NCIC THAT THE DEFENDANT'S LICENSE WAS IN FACT STILL SUSPENDED FOR FAILURE TO PAY TRAFFIC CITATIONS. I THEN RETURNED TO THE DEFENDANT WHO WAS STILL SITTING IN THE DRIVER'S SIDE FRONT OF THE VEHICLE. I REQUESTED THE DEFENDANT STEP OUT OF THE VEHICLE. I ASKED THE DEFENDANT IF HE HAD ANYTHING ILLEGAL IN THE VEHICLE OR ON HIS PERSON, TO WHICH HE REPLIED NO. I ADVISED THE DEFENDANT THAT I WAS PLACING HIM UNDER ARREST FOR KNOWINGLY DRIVING ON A SUSPENDED LICENSE. I PLACED HIM IN HANDCUFFS BEHIND HIS BACK (DOUBLE LOCKED). I SEARCHED THE DEFENDANT INCIDENT TO ARREST AND FOUND THE DEFENDANT TO POSSESS A VALID FLORIDA IDENTIFICATION CARD WHICH WAS LOCATED IN HIS FRONT PANTS POCKET. AT THAT TIME, I ESCORTED THE DEFENDANT TO MY PATROL VEHICLE AND PLACED HIM IN THE BACK SEAT. AT THAT TIME, I ALSO READ THE DEFENDANT IN HIS MIRANDA RIGHTS BY A PREPRINTED CARD AND ASKED HIM IF HE WISHED TO ANSWER SOME QUESTIONS. THE DEFENDANT ADVISED THAT HE WOULD. I ASKED THE DEFENDANT IF HE HAD TAKEN ANY CONTROLLED SUBSTANCES PRIOR TO DRIVING THE VEHICLE TODAY, TO WHICH HE REPLIED YES. THE DEFENDANT ADVISED THAT HE HAD TAKEN XANAX AND OXYCODONE EARLIER THAT DAY. THE DEFENDANT ADVISED HE HAD BEEN PRESCRIBED THESE MEDICATIONS FOR AN INJURY RELATED TO A PRIOR TRAFFIC CRASH. THE DEFENDANT DID NOT HAVE ANY LOOSE PILLS OR BOTTLES OR PRESCRIPTIONS ON HIS PERSON, THEREFORE, I COULD NOT CONFIRM THE DOSAGE OR WHAT AMOUNT THE DEFENDANT HAD BEEN PRESCRIBED OR IF HE HAD A VALID PRESCRIPTION FOR HIS MEDICATION. I ASKED THE DEFENDANT IF HE WAS AWARE THAT THE PHARMACEUTICAL COMPANIES recommend NOT DRIVING OR OPERATING EQUIPMENT WHILE TAKING OXYCODONE. THE DEFENDANT ADVISED HE WAS AWARE, BUT FELT LIKE IT DID NOT IMPAIR HIS DRIVING ABILITY. DURING MY ENTIRE INTERACTION WITH THE DEFENDANT HIS speech REMAINED SLURRED AND EVEN AT A SEATED POSITION IN MY PATROL VEHICLE STILL SWAYED AS IF NOT HAVING ANY BALANCE. HIS RESPONSES TO MY QUESTIONS WERE DELAYED AND AS WELL AS FOLLOWING INSTRUCTIONS SUCH AS PUTTING HIS FEET INTO THE PATROL VEHICLE WHEN HE FIRST SAT DOWN. FIELD SOBRIETY TASKS WERE NOT PERFORMED AT THIS TIME DUE TO THE POSSIBILITY OF THE DEFENDANT SUSTAINING INJURIES DUE TO HIS LACK OF BALANCE. DUE TO THE OBSERVATIONS OF THE DEFENDANT'S DRIVING AND THE DEFENDANT'S ADMISSION OF TAKING A SCHEDULED TWO CONTROLLED SUBSTANCE PRIOR TO DRIVING HE WAS ALSO ARRESTED ON CHARGES OF DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE PASSENGER/OWNER OF THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .000 AND .000. HE WAS THEN ADMINISTERED A URINE TEST, WHICH WILL BE TURNED IN TO EVIDENCE TO BE MAILED OFF. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY AND ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH A TOTAL $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7011-GJX1, WITH A MANDATORY COURT APPEARANCE OF 022811 AT 0830 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7010-GJXX, FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH A COURT APPEARANCE OF 022811 AT 0830 HOURS. "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* |
