| Probable cause affidavit: |
SUBMITTED BY: VIGGIANO, PAUL 0682 (AR13-7777) (13-146337) 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, THIS BEING HIS FOURTH SUBSEQUENT OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B0(3); AND DID, KNOWING HIS DRIVERâS 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 UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CHENOWETH, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: TRYING TO PLACE DEFENDANT UNDER ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 102413 AT APPROXIMATELY 2104 HOURS, WHILE ON PATROL IN THE AREA OF WEST CARDINAL STREET AND SOUTH SPARTAN AVENUE IN HOMOSASSA, I OBSERVED A BLUE IN COLOR JEEP SPORT UTILITY VEHICLE (SUV) ACCELERATE RAPIDLY HEADING SOUTH ON SOUTH SPARTAN AVENUE. AT THAT TIME, I VISUALLY ESTIMATED HIS SPEED AT APPROXIMATELY 40 MILES PER HOUR (MPH) AND STILL ACCELERATING IN 30 MPH SPEED ZONE. I THEN ACTIVATED MY FRONT RADAR ANTENNA IN STATIONARY MODE AND RECEIVED A DIGITAL READING OF 46 MPH, ALONG with A CLEAR AUDIO DOPPLER TONE. THE VEHICLE CONTINUED TO ACCELERATE AND I LOCKED THE SPEED IN AT 51 MPH IN THE TARGET SPEED BOX WINDOW. I THEN ATTEMPTED TO CATCH UP TO the VEHICLE, WHICH WAS STILL ACCELERATING. the VEHICLE DID NOT LEAVE MY SIGHT; HOWEVER, WAS 250 YARDS IN FRONT OF ME. I WAS FINALLY ABLE TO ACTIVATE MY EMERGENCY EQUIPMENT AND INITIATE A TRAFFIC STOP IN THE AREA OF WEST APPIAN STREET AND SOUTH SESAME STREET TERRACE ON THE JEEP, BEARING FLORIDA TAG NUMBER BKNY06. THE VEHICLE PULLED INTO THE RESIDENCE OF 7382 SOUTH SESAME STREET TERRACE. I THEN EXITED MY PATROL VEHICLE, AT WHICH TIME THE DRIVER EXITED his VEHICLE. the DRIVER WAS ORDERED BACK INTO HIS VEHICLE AND I IMMEDIATELY REQUESTED ANOTHER UNIT TO RESPOND TO MY LOCATION. I THEN MADE CONTACT WITH the DRIVER/ DEFENDANT, LATER IDENTIFIED AS MS DAVID KOWCHUCK. UPON MAKING CONTACT WITH HIM, HE ADVISED ME THAT HE âREALLY SCREWED UP THIS TIME AND PLEASE WORK WITH ME.â MR KOWCHUCK KEPT MOVING AROUND IN the VEHICLE, AT WHICH TIME I ASKED HIM TO STEP OUT AND SPEAK WITH ME. I ASKED the DEFENDANT FOR HIS DRIVERâS LICENSE, VEHICLE REGISTRATION AND INSURANCE CARD, TO WHICH HE STATED, âI REALLY SCREWED UP. I JUST WENT TO GET CIGARETTES.â AFTER MULTIPLE ATTEMPTS TO GET the SUBJECTâS DRIVERâS LICENSE, HE ADVISED ME HE DID NOT HAVE ONE. I THEN GOT HIS NAME AND DATE OF BIRTH, AT which TIME DEPUTY B VICK ARRIVED ON SCENE. WHILE SPEAKING WITH the DEFENDANT, I could SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. HE HAD BLOODSHOT WATERY EYES AND SLURRED SPEECH. DEPUTY B VICK STAYED WITH THE DEFENDANT WHILE I RAN THE DEFENDANTâS INFORMATION THROUGH NCIC/FCIC, WHICH REVEALED THAT HIS DRIVERâS LICENSE WAS SUSPENDED INDEFINITELY SINCE 1996 FOR MULTIPLE PRIOR DRIVING UNDER THE INFLUENCE (DUI) CONVICTIONS. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED TOO SOON, MISSED HEAL TO TOE ON ALL STEPS AND TOOK 13 STEPS BEFORE COMPLETING A TURN AND TOOK 12 STEPS BACK AFTER COMPLETING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, ATTEMPTED TO GRAB A HAND RAIL TO MAINTAIN BALANCE, PUT HIS FOOT DOWN THREE TIMES BEFORE 30 SECONDS ELAPSED. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI AND DRIVING WHILE LICENSE SUSPENDED/REVOKED (DWLS/R). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK. DEPUTY CHENOWETH ARRIVED ON SCENE AND ESCORTED THE DEFENDANT TO HIS PATROL VEHICLE. UPON OPENING the REAR DOOR OF THE PATROL VEHICLE, DEPUTY CHENOWETH TOLD THE DEFENDANT TO HAVE A SEAT IN the BACK OF the VEHICLE. the DEFENDANT STARTED TO BECOME BELLIGERENT AND REFUSED TO GET IN THE BACK OF THE PATROL VEHICLE AND STATED âI HOPE YOUR MOTHER DIES AND NOBODYâS THERE FOR HER.â DEPUTY CHENOWETH AGAIN ADVISED THE DEFENDANT TO GET IN THE REAR OF THE VEHICLE, AT WHICH TIME the DEFENDANT TENSED UP AND BRACED HIS BODY AGAINST THE DOOR, PLACING HIS HEAD ON THE TOP OF the ROOF OF the VEHICLE. AT THAT TIME, DEPUTY CHENOWETH CONDUCTED A KNEE STRIKE TO the DEFENDANTâS UPPER LEFT THIGH AREA. AT THAT TIME, THE DEFENDANT DID COMPLY AND WAS PLACED IN THE REAR OF THE PATROL VEHICLE. the DEFENDANT WAS ALSO ADVISED HE WAS BEING CHARGED WITH RESISTING AN OFFICER WITHOUT VIOLENCE. THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD AND READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DUI, FOURTH SUBSEQUENT OFFENSE, WITH A $10,000.00 BOND; DWLS/R, WITH A $10,000.00 BOND; RESISTING AN OFFICER WITHOUT VIOLENCE, WITH A $500.00 BOND AND REFUSAL TO SUBMIT TO the APPROVED TEST OF HIS BREATH, WITH A $500.00 BOND, ALL PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 3077XDQ9, UNIFORM TRAFFIC CITATION NUMBER 5213GZP1 FOR DWLS/R, AND UNIFORM TRAFFIC CITATION NUMBER 5214GZP2 FOR REFUSAL TO SUBMIT WITH THREE PRIOR REFUSALS, ALL WITH A MANDATORY COURT APPEARANCE DATE SET FOR 111413 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5212GZPX FOR UNLAWFUL SPEED OF 51 MPH IN A 30 MPH SPEED ZONE, WITH A $281.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
