| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR07100870) 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(1)(C) ON 122207 AT 0143 HOURS I WAS TRAVELING WEST ON EAST ORANGE AVENUE IN FLORAL CITY. THE ROAD WAS DRY AND VISIBILITY WAS GOOD. AS I APPROACHED US HIGHWAY 41, I OBSERVED A WHITE PICKUP TRUCK TRAVELING NORTH ON US HIGHWAY 41, TURNING RIGHT ON TO EAST ORANGE AVENUE. AS THE TRUCK MADE THE TURN ON TO EAST ORANGE AVENUE, IT STRADDLED THE DOUBLE YELLOW LINE, THEN SWERVED BACK INTO THE CORRECT LANE. I TURNED AROUND TO FOLLOW THE TRUCK AND OBSERVED THE TAG WAS NOT PROPERLY MOUNTED. THE TAG WAS HANGING FROM ONE SIDE. THE TRUCK THEN TURNED NORTH ON TO OLD FLORAL CITY ROAD. WHILE ON OLD FLORAL CITY ROAD, I OBSERVED THE TRUCK CROSS THE YELLOW LINE TWO TIMES AND THEN OBSERVED THE RIGHT TURN SIGNAL ON. I THEN ACTIVATED THE EMERGENCY WARNING LIGHTS ON MY PATROL VEHICLE. THE TRUCK PULLED IN TO THE GRACE TEMPLE CHURCH PARKING LOT. I APPROACHED THE TRUCK TO MAKE CONTACT WITH THE DRIVER/DEFENDANT, MR EDWIN BARKER, AND REQUESTED HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. THE DEFENDANT LOOKED AROUND AS IF HE DID NOT KNOW WHAT TO DO. AT THAT TIME, I OBSERVED THAT THE DEFENDANT'S EYES WERE WATERY AND BLOODSHOT AND ALSO DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I ASKED THE DEFENDANT AT LEAST SEVEN MORE TIMES FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION AND HE FAILED TO PRODUCE EITHER DOCUMENT. DURING THIS TIME, THE DEFENDANT STATED HE HAD GOTTEN IN TO AN ARGUMENT WITH HIS GIRLFRIEND AND SAID "I DON'T WANT TO GET A DUI." I ASKED THE DEFENDANT TO EXIT THE VEHICLE AND AGAIN ASKED HIM FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. THE DEFENDANT STATED THEY WERE IN THE TRUCK, THEN REACHED IN HIS RIGHT REAR POCKET AND PRODUCED HIS FLORIDA DRIVER'S LICENSE. I ASKED THE DEFENDANT TO WALK TO THE RIGHT SIDE OF HIS TRUCK TO LOOK FOR HIS VEHICLE REGISTRATION. AS WE WENT AROUND THE BACK OF THE TRUCK, I OBSERVED THE DEFENDANT TO BE UNSTEADY IN HIS MOVEMENTS. THE DEFENDANT USED HIS TRUCK FOR BALANCE. THE DEFENDANT LOOKED FOR HIS REGISTRATION BUT WAS NEVER ABLE TO PRODUCE IT. I INSTRUCTED THE DEFENDANT TO WAIT BEHIND HIS TRUCK SO I COULD CONDUCT STANDARDIZED FIELD SOBRIETY TASKS. DEPUTY COX RE-POSITIONED MY PATROL VEHICLE AND I APPROACHED THE DEFENDANT. I STARTED TO ASK THE DEFENDANT SEVERAL PRE-SCREENING QUESTIONS, TO WHICH THE DEFENDANT ANSWERED "I'M NOT TALKING TO ANYBODY," REFUSING ALL TASKS. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. DURING THAT TIME, I HAD TO REPEAT MY INSTRUCTIONS TO THE DEFENDANT SEVERAL TIMES BEFORE HE COMPLIED AND THE DEFENDANT BEGAN REQUESTING I CONTACT DEPUTY WEAR. THE DEFENDANT AT FIRST STATED HE WAS DEPUTY WEAR'S COUSIN AND LATER THAT DEPUTY WEAR WAS HIS UNCLE. DURING TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT CONTINUED TO DEMAND THAT I CALL DEPUTY WEAR. PRIOR TO LEAVING THE SCENE, DEPUTY MELHADO REMAINED WITH THE DEFENDANT'S VEHICLE UNTIL IT WAS TOWED BY SCALLY'S TOWING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH REFUSAL TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4113-XDX , WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9197-FGW, FOR FAILURE TO MAINTAIN A SINGLE LANE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 208919-B, FOR IMPROPER TURN AND WRITTEN WARNING NUMBER 208920-B, FOR IMPROPER DISPLAY OF TAG. *NOT-EXEMPT* |
