| Probable cause affidavit: |
SUBMITTED BY: CONLEY, STEPHEN 0290 (AR08102079) 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). DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 030808, I WAS CONDUCTING A PARKING LOT SECURITY CHECK WITH DEPUTY SMITH AT GRIFF'S BAR IN INVERNESS. WHILE WALKING THROUGH THE BACK PARKING LOT, I OBSERVED A WHITE FULL SIZE VAN BEARING FLORIDA TAG 203JAJ PARKED IN A PARKING SPACE. THE VAN WAS RUNNING AND THE PARKING LIGHTS WERE ON. I WALKED UP TO THE DRIVER'S SIDE OF THE VAN AND OBSERVED A WHITE MALE, LATER IDENTIFIED AS THE REGISTERED OWNER, SLEEPING IN THE DRIVER'S SEAT. MY ATTENTION WAS THEN DIVERTED TO ANOTHER AREA OF THE PARKING LOT WHICH REQUIRED MY ATTENTION. I WALKED OVER THERE AND TENDED TO THAT SITUATION. ONCE COMPLETED, I BEGAN CHECKING THE PARKING LOT AGAIN. I OBSERVED THE WHITE VAN THAT I HAD STOPPED AT EARLIER STILL RUNNING WITH THE LIGHTS ON AND SAW THE REVERSE LIGHTS GO ON. SINCE THE PERSON I OBSERVED APPROXIMATELY 15 MINUTES EARLIER HAD BEEN SLEEPING, I WALKED BACK OVER THERE AS IT WAS VERY SLOWLY BACKING OUT OF THE PARKING LOT. I WAS CONCERNED FOR THE INDIVIDUAL AND WANTED TO MAKE SURE HE WAS FIT TO DRIVE. AS I WALKED UP TO THE VAN, I SHINED MY LIGHT INTO THE DRIVER'S SIDE WINDOW AND OBSERVED A DIFFERENT PERSON, LATER IDENTIFIED AS THE DEFENDANT, IN THE DRIVER'S SEAT. THE VAN WAS STILL IN MOTION AND WHEN THE DEFENDANT LOOKED AT ME, HE PUT THE VAN INTO PARK AND STARTED CLIMBING OUT OF THE DRIVER'S SEAT AND INTO THE BACK. WHILE HE WAS DOING THIS, I OBSERVED LEGS STICKING UP FROM THE MIDDLE AREA OF THE VAN BETWEEN THE DRIVER AND PASSENGER SEAT. NOT KNOWING WHAT HAD HAPPENED, I IMMEDIATELY CALLED FOR DEPUTY SMITH WHO WAS ACROSS THE PARKING LOT. AS DEPUTY SMITH ARRIVED, I BEGAN CALLING OUT COMMANDS FOR THE DEFENDANT TO SHOW ME HIS HANDS. I ALSO CALLED FOR THE OTHER INDIVIDUAL BUT HE WAS UNRESPONSIVE. THE DEFENDANT REFUSED TO SHOW HIS HANDS AND PRETENDED TO BE SLEEPING IN THE BACK OF THE VAN. DEPUTY SMITH OPENED THE SIDE DOOR OF THE VAN AND THE DEFENDANT THEN COMPLIED BY SHOWING HIS HANDS AND EXITING THE VAN THROUGH THE SIDE DOOR. I WOKE THE OTHER INDIVIDUAL, WHO STATED THAT HE DID NOT KNOW WHAT WAS GOING ON AND THAT HE HAD BEEN SLEEPING. HE WAS EXTREMELY INTOXICATED AND HAD APPARENTLY PASSED OUT IN HIS VEHICLE. DUE TO THE WAY HE WAS LAYING, IT WAS OBVIOUS THAT THE DEFENDANT ENTERED THE VAN AND PUSHED THE OTHER INDIVIDUAL OUT OF THE DRIVER'S SEAT, THEN GOT IN AND WAS ATTEMPTING TO LEAVE. BOTH SUBJECTS KNEW EACH OTHER. AS I WALKED OVER TO THE DEFENDANT TO SPEAK WITH HIM, I OBSERVED HIM SWAYING FROM SIDE TO SIDE AS HE WAS STANDING. I ASKED HIM WHAT HAD HAPPENED AND HE STATED THAT HE WAS SLEEPING IN THE BACK OF THE VAN AND DID NOT KNOW WHAT I WAS TALKING ABOUT. WHILE SPEAKING WITH HIM, I COULD NOT HELP BUT SMELL AN ODOR OF ALCOHOL EMITTING FROM HIS BREATH. THE DEFENDANT WAS UNCOOPERATIVE AND VERBALLY ABUSIVE TO ME, WHICH RENDERED FIELD SOBRIETY TASKS ON SCENE IMPOSSIBLE. DEPUTY SMITH ADVISED ME THAT HE RECOGNIZED THE DEFENDANT AS HAVING A SUSPENDED DRIVER'S LICENSE. A CHECK OF THE DEFENDANT'S LICENSE REVEALED THAT IT WAS SUSPENDED ON 041706 FOR CHILD SUPPORT DELINQUENCY. THERE WERE FOUR OTHER SUSPENSIONS AS WELL FROM PREVIOUS DATES. THE DEFENDANT WAS ARRESTED, HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY IN THE BACKSEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED KNOWINGLY. ONCE AT THE DETENTION FACILITY, THE DEFENDANT REFUSED TO PROVIDE ME WITH HIS PERSONAL INFORMATION. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 0401-EVY FOR DRIVING WHILE LICENSE SUSPENDED WITH A MANDATORY COURT DATE OF 032708 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED A FLORIDA DUI CITATION NUMBER 9367-XAI WITH A MANDATORY COURT DATE OF 032708 AT 1300 HOURS. ONCE AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT WHERE HE REFUSED THE APPROVED TEST OF HIS BREATH THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
