| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR07100024) 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). AND DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34. ON 102407 AT APPROXIMATELY 2115 HOURS WHILE TRAVELING NORTH ON STATE ROAD 200 NEAR THE INTERSECTION OF OLIVE LANE IN HERNANDO, I OBSERVED A WHITE FORD PICKUP TRUCK PASS ME IN THE OPPOSITE DIRECTION. WHEN THE VEHICLE PASSED ME, I OBSERVED THE TAIL GATE WAS DOWN AND THE TAG LIGHT WAS INOPERABLE. I THEN TURNED AROUND AND ATTEMPTED TO CATCH UP WITH THE VEHICLE. AS I APPROACHED THE VEHICLE, I OBSERVED THE VEHICLE STRADDLE THE DOUBLE YELLOW LINE THEN CORRECT ITSELF. IT THEN TRAVELED APPROXIMATELY ANOTHER FIFTY FEET WHERE IT PULLED INTO A PRIVATE DRIVEWAY. BELIEVING THE DRIVER MAY HAVE MADE A MISTAKE IN JUDGING WHICH DRIVEWAY HE WAS TURNING INTO, I CONTINUED PAST THE VEHICLE. APPROXIMATELY TEN MINUTES LATER I WAS AGAIN TRAVELING SOUTH ON STATE ROAD 200 AND AGAIN SAW THE SAME WHITE FORD PICK UP TRUCK. AS THE TRUCK PASSED ME, I OBSERVED THE DRIVER LOOK AT ME AND THEN ABRUPTLY PULL INTO ANOTHER DRIVEWAY. BELIEVING THE DRIVER MAY BE ATTEMPTING TO ELUDE ME, COUPLED WITH THE FACT THAT HIS TAG LIGHT WAS INOPERABLE, I QUICKLY TURNED AROUND AND INITIATED A TRAFFIC STOP. AS I APPROACHED THE VEHICLE, I OBSERVED THE WHITE MALE DRIVER BENDING OVER AS IF ATTEMPTING TO HIDE OR CONCEAL SOMETHING. AT THAT TIME I ORDERED HIM TO PLACE HIS HANDS OUTSIDE THE WINDOW. ONCE THE DRIVER HAD PLACED HIS HANDS OUTSIDE THE WINDOW, I APPROACHED HIM AND ASKED FOR HIS DRIVER'S LICENSE AND REGISTRATION. THE DRIVER, MR eUGENE BOOHER, SAID HE WAS "JUST DRIVING TO A FRIEND'S RESIDENCE," AND THAT HE DID NOT HAVE A LICENSE. WHEN I ASKED WHAT IT WAS SUSPENDED FOR, HE ADVISED FOR DRIVING UNDER THE INFLUENCE. DURING THAT CONVERSATION, I SMELLED AN ODOR OF ALCOHOL COMING FROM HIS PERSON, AS WELL AS HIS EYES WERE BLOODSHOT AND HIS SPEECH WAS SLURRED. AT THAT TIME I ASKED THE defendant TO STEP OUT OF THE VEHICLE, WHERE HE WAS PLACED UNDER ARREST FOR DRIVING ON A SUSPENDED LICENSE. ONCE SECURED IN THE REAR OF MY PATROL VEHICLE, I DID VERIFY THROUGH FCIC/NCIC THAT HIS LICENSE WAS INDEED SUSPENDED FOR REFUSING TO SUBMIT TO A BREATH TEST IN 2003 AND REVOKED FOR FIVE YEARS FOR DRIVING UNDER THE INFLUENCE IN 2004. DURING THE SEARCH OF THE VEHICLE INCIDENT TO ARREST OF THE defendant, I FOUND APPROXIMATELY THREE BEER CANS, TWO OF WHICH WERE STILL COLD WITH SOME AMOUNT OF ALCOHOL LEFT IN THEM. THE defendant ASKED THAT HIS VEHICLE BE LEFT AT THE SCENE, WHICH WAS APPROXIMATELY THIRTY FEET FROM A RESIDENCE, WHICH CLAIMED TO KNOW THE defendant. THE defendant WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO OFFICER SWEEKOTIS, WHO READ THE defendant HIS IMPLIED CONSENT AND MIRANDA WARNING, ASKING THE defendant TO SUBMIT TO A TEST OF HIS BREATH TO DETERMINE THE LEVEL OF ALCOHOL IN HIS SYSTEM, TO WHICH AGREED, WITH THE RESULTS OF .121 AND .110. THE DEFENDANT'S BOND WAS SET AT $11,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
