| Probable cause affidavit: |
SUBMITTED BY: REYNOLDS, CONNARY 1267 (AR13-7116) 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). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY Reynolds, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: DID ATTEMPT TO TURN AROUND SEVERAL TIMES WHILE BEING TRANSPORTED TO MY PATROL VEHICLE AND BEGAN BRACING AND ATTEMPTING TO BREAK MY TRANSPORT HOLD, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 083113 AT APPROXIMATELY 2112 HOURS, I WAS DISPATCHED to the AREA OF NORTHWEST HIGHWAY 19 AND WEST POWERLINE ROAD, CRYSTAL RIVER, IN REFERENCE TO A TRAFFIC VIOLATION INVOLVING A RECKLESS VEHICLE THAT WAS SWERVING IN AND OUT OF TRAFFIC, DRIVING LEFT OF CENTER AND DRIVING ON THE SHOULDER OF THE ROAD. WHILE ATTEMPTING TO LOCATE THE VEHICLE, DEPUTY T HOLLOWAY (0463) LOCATED THE VEHICLE CONDUCTING A TRAFFIC STOP. THE VEHICLE WAS STOPPED AT NORTHWEST HIGHWAY 19 AND NORTHWEST SNUG HARBOR ROAD IN CRYSTAL RIVER (SEE 0463 SUPPLEMENTAL REPORT). AT THAT TIME, I RESPONDED TO HIS TRAFFIC STOP. UPON MY ARRIVAL I MADE CONTACT WITH THE DRIVER OF A 2012 CHEVROLET SILVERADO, BLUE IN COLOR, BEARING FLORIDA LICENSE PLATE NUMBER AZVG94. HE HANDED ME A DRIVER'S LICENSE WITH THE NAME MR EDWIN WILLIAM BOYLE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT. WHILE SPEAKING WITH THE DEFENDANT, I COULD SMELL AN ODOR OF ALCOHOLIC BEVERAGE EMITTING from the VEHICLE AND DID OBSERVE THE DEFENDANT TO HAVE GLASSY BLOODSHOT EYES AND ALSO AN EMPTY BUDWEISER BEER CAN AND SEVERAL BUDWEISER BEER BOTTLE CAPS LOCATED in the CENTER CONSOLE. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE ADVISED HE DRANK âA FEW AT A FRIENDâS HOUSEâ. THE DEFENDANT WAS NOT VERY RESPONSIVE TO MY QUESTIONS AND SEEMED TO BE AGITATED AND ANGRY. AT THAT TIME, I PLACED THE DEFENDANT IN HANDCUFFS BEHIND HIS BACK (DOUBLE LOCKED) FOR OFFICER SAFETY AND READ HIM HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY ISSUED CARD. I THEN ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE ADVISED THAT HE DID. I ALSO ASKED HIM IF HE WOULD BE WILLING TO SPEAK WITH ME, TO WHICH HE ADVISED THAT HE WOULD. THE DEFENDANTâS DRIVER'S LICENSE WAS RUN THROUGH D.A.V.I.D. AND FCIC/NCIC, WHICH IT WAS DISCOVERED THAT THE DEFENDANTâS DRIVER'S LICENSE WAS CANCELLED INDEFINITELY ON 081813, FOR FAILURE TO COMPLY with SUBSTANCE ABUSE TEST, WITH A NOTICE GIVEN ON 081813. THE DEFENDANT ALSO HAD SEVERAL OTHER SUSPENSIONS INCLUDING A FAILURE TO COMPLY WITH AN IGNITION INTERLOCK DEVICE, WITH A NOTICE GIVEN ON 072913 AND ALSO ANOTHER FAILURE TO COMPLY with SUBSTANCE ABUSE TEST, NOTICE GIVEN 052413. I ASKED THE DEFENDANT IF HE HAD EVER HAD ANY TICKETS IN THE PAST, TO WHICH HE INITIALLY ADVISED THAT HE DID NOT. THE DEFENDANT LATER CHANGED HIS MIND STATING THAT HE DID. I THEN ASKED THE DEFENDANT IF HE HAD EVER BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI) BEFORE, TO WHICH HE ADVISED THAT HE HAD SEVERAL TIMES. I ASKED THE DEFENDANT IF HE KNEW HIS DRIVER'S LICENSE WAS SUSPENDED, TO WHICH HE ANSWERED, âCAN MY MOTHER PICK UP MY TRUCKâ, TO WHICH I ADVISED THAT WE WOULD CONTACT HER. THE DEFENDANT WAS VERY UNRESPONSIVE TO MY QUESTIONS AND WAS SEARCHED. THE SEARCH OF HIS PERSON LED TO SEVERAL MORE BUDWEISER BOTTLE CAPS BEING LOCATED IN HIS BACK LEFT PANTS POCKET. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED âKNOWINGLY FOR PRIOR DUI INCIDENTS, HOWEVER I WAS NOT CHARGING HIM WITH DUI, DUE TO NOT OBSERVING HIS DRIVING PATTERN. WHILE TRANSPORTING THE DEFENDANT TO THE REAR OF MY PATROL VEHICLE HE TENSED UP SEVERAL TIMES, SCREAMED OBSCENE LANGUAGE, TRIED TO FACE TOWARDS ME AND GO BACK TO HIS TRUCK. I HAD TO PHYSICALLY CONTROL THE DEFENDANT AND PUT HIM IN A TRANSPORT HOLD, WHERE I GOT HIM to the REAR OF MY PATROL VEHICLE. THE DEFENDANT AGAIN TENSED UP AND TRIED TO TURN AROUND WHERE I HAD TO LAY HIM ON THE TRUNK OF MY PATROL VEHICLE. I ADVISED THE DEFENDANT SEVERAL TIMES THROUGHOUT THE PROCESS TO STOP RESISTING AND TO STOP TENSING UP. THE DEFENDANT WAS EVENTUALLY SECURED IN THE REAR OF MY PATROL VEHICLE. I ASKED THE DEFENDANT IF HE KNEW ANYONE THAT WOULD PICK UP HIS VEHICLE, TO WHICH HE ADVISED THAT HIS MOTHER WOULD IF HE COULD CONTACT HER. I ADVISED THE DEFENDANT THAT I WOULD CONTACT HER, WHERE I THEN SPOKE WITH HER ON THE TELEPHONE AND SHE ADVISED THAT SHE WOULD BE COMING FROM DADE CITY AND WOULD PICK UP THE TRUCK AS SOON AS POSSIBLE. THE DEFENDANT TOLD ME TO LOCK AND LEAVE THE TRUCK ON SCENE, PENDING HIS MOTHERâS ARRIVAL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH DRIVING WHILE LICENSE SUSPENDED/REVOKED-KNOWINGLY AND RESISTING WITHOUT VIOLENCE. THE DEFENDANT'S TOTAL BOND WAS SET AT $10,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA WRITTEN WARNING 373818B, FOR DRIVING LEFT OF CENTER. NO FURTHER ACTION BY THIS DEPUTY. |
