| Probable cause affidavit: |
SUBMITTED BY: CLOUD, TODD 1976 (FHP) (AR2076) THE DEFENDANT, MR DEAN RODNEY BANDERET, DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE, AND BY REASON OF SUCH OPERATION OF A VEHICLE, CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT MADE AN UNLAWFUL LEFT TURN, CAUSING A MOTOR VEHICLE CRASH, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DEFENDANT, MR DEAN RODNEY BANDERET, 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. THE DEFENDANT, MR DEAN RODNEY BANDERET, DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E). ON 072112 AT APPROXIMATELY 1404 HOURS, I ARRIVED AT A TRAFFIC CRASH AT THE INTERSECTION OF EAST GULF TO LAKE HIGHWAY/SR 44 AND SOUTH RED BUD TERRACE. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION, I THEN TURNED MY TRAFFIC CRASH INVESTIGATION INTO A DUI INVESTIGATION THE REASON FOR CHANGING THIS INCIDENT TO A DUI INVESTIGATION WAS THAT THIS OFFICER DID OBSERVE THE DEFENDANT HAD BLOODSHOT EYES, THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, WAS UNSTEADY STANDING, AND WAS ALSO UNSTEADY WALKING. THE DEFENDANT âS SPEECH WAS MUMBLED AS WELL. AT APPROXIMATELY 1420 HOURS, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS BUT REFUSED TO TALK. I THEN ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TESTING, AT WHICH TIME HE REFUSED. AT 1423 HOURS, THE DEFENDANT WAS PLACED UNDER ARRESTED FOR DUI. HE WAS THEN READ HIS IMPLIED CONSENT, AND REFUSED A BLOOD TEST. THE REASON THIS OFFICER REQUESTED A BLOOD TEST WAS THAT THIS OFFICER BELIEVED THAT THE DEFENDANT MAY HAVE BEEN ON SOME TYPE OF NARCOTIC. DUE TO HIS INJURIES, AND THE TIME IT WOULD TAKE TO GET HIM FOR A BREATHALYZER. AS THE DEFENDANT REFUSED MEDICAL TREATMENT AT THE SCENE, THE DEFENDANT WAS THEN TRANSPORTED BY THIS OFFICER TO THE CITRUS MEMORIAL HOSPITAL (CMH) FOR A MEDICAL RELEASE. THE DEFENDANT ARRIVED AT CMH AT 1514 HOURS, AND WAS RELEASED. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED IN THE FRONT BY THIS OFFICER (DUE TO HIS INJURIES), AND SECURED IN THE REAR OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AT 1915 HOURS. THE DEFENDANT WAS THEN GIVEN THE OPPORTUNITY FOR A BREATH TEST AT THE DETENTION FACILITY, AND ALSO REFUSED AGAIN TO PERFORM FIELD SOBRIETY OR TAKE A BREATH TEST. THE DEFENDANT WAS ISSUED FIVE FLORIDA UNIFORM TRAFFIC CITATIONS: CITATION NUMBER 2774XBP5, FOR DUI REFUSAL, WITH A MANDATORY COURT DATE OF 080912 AT 1300 HOURS. CITATION NUMBER 9541WIS4, FOR DUI PROPERTY DAMAGE/PERSONAL INJURY, WITH A MANDATORY COURT DATE OF 080912 AT 1300 HOURS. CITATION NUMBER 9543WIS6, FOR REFUSAL TO SUBMIT TO A BAL TEST, WITH A MANDATORY COURT DATE OF 080912 AT 1300 HOURS. CITATION 9540WIS3, FOR MAKING A LEFT TURN IN FRONT OF APPROACHING TRAFFIC CITATION 9542WIS5, FOR THE DRIVER NOT WEARING A SEATBELT. THE DEFENDANTâS BOND WAS SET AT $6,000.00, PER THE BOND SCHEDULE. |
