| Probable cause affidavit: |
SUBMITTED BY: SUNDBERG, KURT 1268 (AR14-11247) 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; AND did drive or was in the 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 and by reason of such operation of a vehicle caused DAMAGE to PROPERTY OF another person, to-wit: FLIPPED A VEHICLE ONTO ITS SIDE LANDING ON A FENCE CAUSING APPROXIMATELY $100.00 IN DAMAGE, in violation of Florida Statute 316.193(3)(A)(b)(C)(1); 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 AS THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, NOT IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND DID NOT, FORTHWITH RETURN TO AND IN EVERY EVENT DID NOT REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062, IN VIOLATION OF FLORIDA STATE STATUTE 316.061(1). ON 071914, AT APPROXIMATELY 0241 HOURS, I WAS DISPATCHED TO EAST WITHLACOOCHEE TRAIL AND EAST SCOTT LANE, DUNNELLON, IN REFERENCE TO A TRAFFIC CRASH. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT THE COMPLAINANT WAS ADVISING THAT THE VEHICLE WAS ON ITS SIDE. SHE ALSO ADVISED THAT THE SHE HAD SEEN THE SUSPECT RUNNING TOWARDS HIGHWAY 200. SHE ADVISED THAT THE SUSPECT DID NOT HAVE A SHIRT ON AND WAS WEARING BLACK AND WHITE CHECKERED SHORTS AND WAS RUNNING DOWN SCOTT LANE. AT THAT TIME, BACKUP DEPUTIES AND I "BOLOED" THE AREA, WHICH MET with NEGATIVE RESULTS FOR LOCATING THE DRIVER. I MADE CONTACT WITH THE COMPLAINANT AND THE CRASHED VEHICLE. I OBSERVED THE VEHICLE TO BE A 2003 GRAY DODGE FOUR DOOR CAR BEARING FLORIDA TAG 594YVR. IT APPEARED AS IF THIS VEHICLE WAS TRAVELING WESTBOUND ON EAST WITHLACOOCHEE TRAIL, WHERE IT APPEARED THAT THE VEHICLE WENT OFF THE ROAD ON THE SOUTH SIDE OF THE ROAD. IT APPEARED THAT THE VEHICLE ROLLED OVER AND LANDED ON ITS PASSENGER SIDE WITH THE FRONT OF THE VEHICLE POINTING TOWARDS EAST WITHLACOOCHEE TRAIL. THE VEHICLE LANDED ON A FENCE AT 4241 EAST NUGGET PASS PLACE CAUSING APPROXIMATELY $100.00 WORTH OF DAMAGE TO THE FENCE. WHILE ON SCENE, CONTACT WAS MADE WITH WITNESS ONE, MS ALICE M BROWN. MS BROWN ADVISED THAT SHE WOKE UP TO THE SOUND OF A CRASH BEHIND HER HOME. SHE IMMEDIATELY EXITED HER HOME WHERE SHE MADE CONTACT WITH A WHITE MALE WHO STATED, "PLEASE donât CALL THE COPS." MS BROWN ADVISED THAT WHEN SHE TOLD HIM THAT SHE ALREADY DID, THE SUBJECT BEGAN TRYING TO PUSH HIS CAR BACK ONTO ALL FOUR WHEELS. WHEN HE REALIZED THAT HE COULD NOT, HE THEN RAN. MS BROWN ADVISED HE WAS A WHITE MALE, SLENDER IN BUILD, WEARING BLACK AND WHITE CHECKERED SHORTS, NO SHIRT, AND HE APPEARED TO BE EXTREMELY INTOXICATED. MS BROWN ADVISED THAT THERE WAS NO ONE ELSE AROUND THE VEHICLE IMMEDIATELY AFTER THE CRASH occurred EXCEPT FOR THE DEFENDANT. CONTACT WAS MADE WITH WITNESS TWO, MR JASON BROWN. MR BROWN ADVISED THAT HE OBSERVED THE WHITE MALE WEARING BLACK AND WHITE CHECKERED SHORTS AND NO SHIRT CLIMB OUT OF the DRIVER'S SIDE OF the VEHICLE. HE ALSO ADVISED THAT HE OBSERVED THE SUBJECT FLEE THE SCENE AND THAT THERE WAS NO ONE ELSE AROUND BUT THE SUBJECT THAT HE OBSERVED CLIMB OUT OF THE VEHICLE. A WRITTEN STATEMENT WILL LATER BE OBTAINED FROM MR BROWN. UPON RUNNING THE TAG ON THE VEHICLE IT CAME BACK TO A KELSEY SUSAN BARNEY. WE WERE UNABLE TO LOCATE ANY CONTACT NUMBERS FOR KELSEY. UPON "BOLOING" THE AREA FURTHER, I MADE CONTACT WITH A WHITE MALE IN THE AREA OF EAST WITHLACOOCHEE TRAIL AND NORTH GRAY EAGLE WAY, WHICH IS LOCATED EAST OF THE INCIDENT LOCATION. WHEN I MADE CONTACT WITH THIS SUBJECT HE WAS LAYING DOWN NEAR THE STOP SIGN ON NORTH GRAY EAGLE WAY AND APPEARED TO BE PASSED OUT. HE WAS A WHITE MALE NOT WEARING A SHIRT. HE WAS WEARING BLACK AND WHITE CHECKERED SHORTS AND HE ONLY HAD ONE SHOE ON. AT THAT TIME, WHEN I MADE CONTACT, I GRABBED THE SUBJECTâS ARM AND SHOOK HIM. I WAS UNABLE TO GET HIM TO WAKE UP AT FIRST. AT THAT TIME, I ADVISED DISPATCH TO SEND EMERGENCY MEDICAL SERVICES (EMS). A SHORT LATER I WAS ABLE TO GET HIM TO WAKE UP. UPON HIM WAKING UP, I ASKED HIM IF EVERYTHING WAS OK, AND HE ADVISED IT WAS. I ADVISED HIM THAT I HAD EMS COMING, TO WHICH HE ADVISED THAT HE DID NOT WANT THEM TO COME, AT WHICH TIME, I CANCELED EMS. HE ADVISED ME THAT HIS NAME WAS EDWARD FERGUSON. UPON SPEAKING WITH HIM FURTHER, I NOTICED AN ODOR OF ALCOHOL THAT APPEARED TO GET MORE INTENSE AS HE SPOKE. THE MALE SUBJECT HAD TROUBLE STANDING. HE ALSO BLOOD SHOT GLAZED EYES. ALL WHICH WERE CONSISTENT WITH HIM BEING INTOXICATED. I ASKED THE SUBJECT IF HE HAD ANY IDENTIFICATION ON HIM, TO WHICH HE ADVISED HE DID. AT THAT TIME, HE REACHED INTO HIS POCKET AND ATTEMPTED TO GET HIS WALLET. IT TOOK HIM MULTIPLE TRIES TO GET HIS WALLET OUT OF HIS FRONT RIGHT POCKET. ONCE HE DID, WHILE TRYING TO RETRIEVE HIS IDENTIFICATION FOR ME, HE DROPPED HIS WALLET. WHILE TRYING TO PICK IT UP HE WAS HAVING A HARD TIME STANDING WITHOUT FALLING OVER. ONCE HE RETRIEVED HIS IDENTIFICATION FOR ME HE WAS ADVISED TO SIT DOWN ON THE SIDE OF THE ROAD. UPON LOOKING AT HIS IDENTIFICATION, IT CONFIRMED THAT HIS NAME WAS EDWARD FERGUSON. I ALSO NOTICED ON HIS IDENTIFICATION THAT THE BOTTOM RIGHT HAND CORNER WAS CUT OFF. EDWARD ADVISED ME THAT THE DHSMV HAD GIVEN IT BACK TO HIM THAT WAY WHEN HE GOT ARRESTED THE LAST TIME HE WAS DRIVING UNDER THE INFLUENCE (DUI). I ASKED EDWARD WHERE HE WAS LIVING, TO WHICH HE ADVISED HE LIVES WITH HIS GIRLFRIEND, MS KELSEY BARNEY. EDWARD WAS QUESTIONED IN REFERENCE TO THE TRAFFIC CRASH THAT HAD occurred, TO WHICH HE DENIED EVER BEING IN A VEHICLE OR INVOLVED IN A TRAFFIC CRASH. DUE TO THE VEHICLE BEING REGISTERED TO KELSEY BARNEY, WHICH HE ADVISED WAS HIS GIRLFRIEND; EDWARD WAS DETAINED AND TRANSPORTED BACK TO THE INCIDENT LOCATION. WHILE AT THE INCIDENT LOCATION MS BROWN ADVISED THAT SHE WOULD BE ABLE TO POSITIVELY IDENTIFY THE PERSON SHE SAW RUNNING FROM THE VEHICLE. AT THAT TIME, DEPUTY WILLIAMS POINTED HIS SPOT LIGHT TO THE PASSENGER SIDE OF MY VEHICLE WHERE I TOOK EDWARD OUT OF THE BACK OF MY VEHICLE AND STOOD HIM WHERE THE WITNESS, MS BROWN, COULD SEE. MS BROWN ADVISED THAT THIS WAS THE SAME SUBJECT THAT SHE SAW FLEE FROM THE VEHICLE. AT THAT TIME, EDWARD WAS PLACED BACK IN MY PATROL VEHICLE WHERE HE WAS READ MIRANDA FROM A PREPRINTED CARD. WHILE DOING SO HE INVOKED HIS RIGHTS AND ASKED FOR A LAWYER. EDWARD WAS THEN ASKED IF HE WAS WILLING TO DO FIELD SOBRIETY TESTS, TO WHICH HE ADVISED NO. EDWARD WAS READ HIS IMPLIED CONSENT WARNINGS IN REFERENCE TO BREATH, URINE, AND BLOOD TESTS, TO WHICH HE WAS UNWILLING TO GIVE ME AN ANSWER ON ALL THREE. UPON RUNNING EDWARDâS DRIVERâS LICENSE, IT WAS REVEALED THAT IT WAS REVOKED ON 050114, FOR DUI. ALSO THERE WAS MULTIPLE OTHER SUSPENSIONS ON HIS DRIVERâS LICENSE AND HE HAD ONE PREVIOUS DUI. AT THAT TIME, EDWARD WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF DUI, ONE COUNT OF DUI WITH PROPERTY DAMAGE, ONE COUNT OF LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE, AND ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED OR REVOKED (DWLS). AFTER DOING SO HE DID SPONTANEOUSLY UTTER THAT HE WAS IN THE VEHICLE, BUT HE WAS NOT DRIVING. AT FIRST HE WAS NOT ABLE TO TELL ME WHO WAS DRIVING THE VEHICLE. A SHORT TIME LATER HE DECIDED TO ADVISE ME THAT MICHAEL MASSEY WAS DRIVING THE VEHICLE. WHEN ASKED WHERE MICHAEL MASSEY WENT, HE WAS UNABLE TO ADVISE ME. BEFORE LEAVING THE SCENE MS BROWN FILLED OUT A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED IN TO RECORDS. EDWARD WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH ONE COUNT OF DUI, ONE COUNT OF DUI WITH PROPERTY DAMAGE, ONE COUNT OF LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE, AND ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED OR REVOKED (DWLS). WHILE AT THE DETENTION FACILITY HE REFUSED TO PROVIDE A BREATH SAMPLE. HE WAS ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER A1UQ-GIE, FOR DWLS, UTC A1UQ-GJE, FOR DUI LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE, UTC 8805-XBI9, FOR DUI, AND UTC 8806-XBIX, FOR DUI WITH PROPERTY DAMAGE, WITH A MISDEMEANOR COURT DATE OF 081414, AT 1300 HOURS. |
