| Probable cause affidavit: |
SUBMITTED BY: VENTIMIGLIA, LISA 0621 (AR15-16133)(15-110518) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1)(A). ON 082215, I RESPONDED TO THE AREA OF MAIN STREET AND LINE AVENUE, IN REFERENCE TO BLACK FORD ESCAPE, BEARING FLORIDA LICENSE PLATE NUMBER 5935GS, SWERVING AND UNABLE TO MAINTAIN A LANE. CITRUS COUNTY SHERIFF'S OFFICE RECEIVED NUMEROUS TELEPHONE CALLS FROM CITIZENS ADVISING THE VEHICLE WAS ON US HIGHWAY 41 NORTH, PASSING KENTUCKY FRIED CHICKEN (KFC) AND THE POST OFFICE. AT THIS TIME THE COMPLAINANT STOPPED FOLLOWING THE VEHICLE. SEVERAL DEPUTIES "BOLO-EDâ THE AREA, DEPUTY FISHER (1335) LOCATED THE VEHICLE TRAVELING NORTHBOUND ON NORTH WHEELER AVENUE AND OBSERVED THE VEHICLE PULL INTO THE CARPORT OF RESIDENCE, 303 NORTH WHEELER AVENUE. DEPUTY FISHER APPROACHED THE DRIVER, WHO WAS LATER IDENTIFIED AS MR DENNIS SANDWITH. I ARRIVED ON SCENE AS MR SANDWITH EXITED THE VEHICLE AND WAS LEANING ON THE BACK OF THE VEHICLE. I OVERHEARD MR SANDWITH ARGUING WITH DEPUTY FISHER STATING HE WAS NOT SWERVING ALL OVER THE ROAD. DEPUTY FISHER TRIED TO EXPLAIN THE REASON FOR OUR RESPONSE AND THE NUMEROUS COMPLAINTS THAT WE RECEIVED FROM DIFFERENT MOTORIST. I ASKED MR SANDWITH IF HE WOULD CONSENT TO FIELD SOBRIETY EXERCISES, TO WHICH HE SPONTANEOUSLY STATED âNO OF COURSE NOT, IâVE BEEN DRINKING.â I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM MR SANDWITHâS BREATH AS HE SPOKE. HIS EYES APPEARED BLOOD SHOT AND GLASSY. I ASKED HIM AGAIN IF HE WOULD SUBMIT TO FIELD SOBRIETY EXERCISES AND ASKED HIM IF HE UNDERSTOOD MY QUESTION. HE SAID HE UNDERSTOOD WHAT THE EXERCISES ENTAILED AND HE DID NOT BELIEVE HE COULD PHYSICALLY DO THEM BECAUSE OF HIS KNEE AND BACK INJURIES. I ASKED MR SANDWITH A THIRD TIME IF HE WOULD SUBMIT TO THE FIELD SOBRIETY EXERCISES, HE SAID HE DID NOT KNOW WHAT THAT MEANT, AND NEVER ANSWERED MY QUESTION. HE WAS THEN PLACED UNDER ARREST HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, WITH TWO PAIRS OF HANDCUFFS, AND PLACED IN MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY I READ MR SANDWITH HIS COMPLIED CONSENT WARNINGS THREE TIMES FROM MY PREPRINTED AGENCY CARD. MR SANDWITH ONLY ANSWERED âI DONâT KNOWâ. I TURNED HIM OVER TO CITRUS COUNTY DETENTION FACILITY STAFF. HE WAS ISSUED DRIVING UNDER THE INFLUENCE CITATION 9695XEI, WITH A COURT DATE OF 091015, AT 1300 HOURS. MR SANDWITH DID SUBMIT TO BREATH ALCOHOL TEST. HIS FIRST SAMPLE WAS 0.161 HIS SECOND WAS 0.165. DURING THE TEST HE ADMITTED TO BREATH TEST OPERATOR MICHAEL FOSTER THAT HE HAD CONSUMED FOUR 16 OUNCE HURRICANE BEERS, AT EIGHT PERCENT ALCOHOL LEVEL, AND THREE 12 OUNCE BUDWEISERâS. HE CONSUMED THESE BETWEEN 1100 HOURS AND 1600 HOURS TODAY, AT A FRIENDâS RESIDENCE, APPROXIMATELY SIX MILES FROM HIS HOME. HE DID ATTEMPT FIELD SOBRIETY EXERCISES BUT SCORED POORLY, SEE REPORT. BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
