| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR07005349) did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired and by reason of such operation did cause damage the property of another, to-wit: A TREE IN THE FRONT YARD, in violation of Florida Statute 316.193 AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: MARIJUANA AND SUPER GLUE SAID OBJECT BEING ROLLING PAPERS AND TWO TUBES OF SUPER GLUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147. ON 093007 AT APPROXIMATELY 1550 HOURS, DEPUTY L CANFIELD NOTIFIED THIS DEPUTY HE WAS ON AN ACCIDENT SCENE WHERE THE DRIVER/DEFENDANT, MR CYRUS PETERSON, SEEMED TO BE UNDER THE INFLUENCE, BUT HE DID NOT DETECT AN ALCOHOLIC BEVERAGE ON HIS BREATH. HE ASKED IF I WOULD RESPOND TO THE SCENE TO PERFORM FIELD SOBRIERTY EXERCISES ON THE INDIVIDUAL. I ARRIVED ON SCENE AFTER DEPUTY CANFIELD IDENTIFIED THE DRIVER VIA FLORIDA IDENTIFICATION CARD. I ASKED THE DEFENDANT TO PERFORM FIELD SOBRIERTY EXERCISES, TO WHICH HE AGREED. HE PERFORMED VERY POORLY ON ALL FIELD SOBRIERTY EXERCISES. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE AND/OR CONTROLLED SUBSTANCE. I SEARCHED THE VEHICLE AND IN THE CENTER CONSOLE OF THE VEHICLE, I LOCATED ROLLING PAPERS AND TWO SMALL OPENED TUBES OF SUPER GLUE. WHEN I ASKED THE DEFENDANT ABOUT THE ROLLING PAPERS, HE EXPLAINED THEY WERE HIS, BUT HE HAD NOT SMOKED MARIJUANA FOR SEVERAL DAYS. I ASKED HIM ABOUT THE SUPER GLUE AND HE ADVISED IT WAS HIS. I ASKED HIM IF HE HAD BEEN SNIFFING SUPER GLUE AND HE DID NOT ANSWER. HE ASEKD ME IF IT WAS ILLEGAL TO HAVE SUPER GLUE. I ASKED HIM WHAT DRUGS HE HAD BEEN TAKING, TO WHICH HE ADVISED XANAX, GIVEN TO HIM BY HIS GRANDMOTHER TO HELP HIM SLEEP. THE DEFENDANT HAD A VERY RED SEPTUM, GLASSY EYES AND A DAZED APPEARANCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONY'S TOWING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .000 AND .000. THE DEFENDANT AGREED TO TAKE URINE TEST. AFTER MIRANDA, THE DEFENDANT ADMITTED TO TAKING XANAX AND PERCODAN. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE AND POSSESSION OF PARAPHERNALIA WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9429-XAI WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
