| Probable cause affidavit: |
SUBMITTED BY: ARNOLD, RODNEY 1282 (AR14-11341) (14-102714) 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 DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) On 07272014 at approximately 0021 hours, I was dispatched to Halls River ROAD at River Haven Marina to assist SERGEANT Casola in reference to a traffic stop. Upon arrival, SERGEANT Casola was making contact with the driver of a black FOUR DOOR Nissan, bearing Florida LICENSE PLATE 520vxf. SERGEANT Casola after making contact with the driver/DEFENDANT, who was later positively identified via FLORIDA drivers license as MR Dennis Baptista, informed me of the reason for the traffic stop. SERGEANT Casola advised while traveling East bound on Halls River ROAD, the aforementioned vehicle ran the stop sign at WEST Fish Bowl DRIVE at Halls River ROAD, cutting SERGEANT Casola off AND causing him to slam on his brakes to keep from striking the vehicle. SERGEANT Casola advised he turned around on the vehicle and activated his emergency lights and sirens to initiate a traffic stop on the vehicle. SERGEANT Casola informed me the Black Nissan continued West bound on Halls River ROAD, traveling approximately 2.2 miles before coming to a stop. SERGEANT CASOLA said when he made contact with the driver of the vehicle, he smelled the odor of alcoholic beverages emanating from the driver's breath/body. SERGEANT Casola also advised he observed the driver to have bloodshot red watery eyes and slurred speech. SERGEANT Casola advised the driver appeared to be under the influence of alcoholic beverages to the extent that his normal faculties were impaired. At thAT time, I made contact with the driver, Mr. Baptista, who was sitting in the driveR's seat of the black Nissan. While speaking with the driver, I detected the odor of alcoholic beverages emanating from his breath/body. I observed the driver to have bloodshot/watery eyes and slurred speech. I asked the driver if he had consumed any alcoholic beverages at which time he said yes. The driver appeared to be disoriented and attempted to make several phone calls while I spoke with him. I requested the driver submit to A SERIES OF field sobriety exercises which he stated âyesâ. I instructed the driver to exit his vehicle and as he did, the driver acted very shocked and alarmed that we were in the middle of the roadway and stated âweâre in the middle of the road, this isnât safeâ. I asked the driver if he would let me drive him over to the parking lot of the River Haven Marina to conduct the FIELD SOBRIETY EXERCISES which he consented; the distance was approximately 150 yards. Once in the parking lot of the Marina, I again requested the driver submit to the field sobriety exercises. The driver/defendant then refused to participate in the FIELD SOBRIETY EXERCISES which I informed him if he did not perform the exercises, he would be arrested for DRIVING UNDER THE INFLUENCE. I again requested the driver/defendant submit to the exercises which he again refused. At thAT time, I placed the defendant in hand cuffs, PLACED HIM IN the rear of my patrol vehicle and transported him to the CITRUS COUNTY DETENTION FACILITY. Once at the Jail, the defendant was issued Uniform Citation Number 7540HBH6 FOR FAILURE TO STOP AT A STOP SIGN with a payable fine of $166.00 ALONG WITH DUI Citation Number 9937XEIX AND UNIFORM TRAFFIC CITATION NUMBER 7541HBH7 FOR REFUSAL TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANTâS BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. |
