| Probable cause affidavit: |
3 SUBMITTED BY: SMOLENSKY, STEVE 0142 (AR09108144) did, knowing HIS driver's 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 Statute 322.34(2)(a). AND DID REFUSE TO ACCEPT AND SIGN CITATION /SUMMONS IN VIOLATION OF FLORIDA STATE STATUTE 318.14(3) ON 031409 AT 2245 HOURS, WHILE TRAVELLING WEST BOUND ON HIGHWAY 44 WEST OF EDEN GARDENS, I OBSERVED A BLUE CHEVROLET GEO ALSO TRAVELLING WEST BOUND CROSSING the LINE SEVERAL TIMES. THE VEHICLE CROSSED BOTH the FOG LINE IN the FAST LANE AND THE DIVIDING LINE SEPARATING THE FAST LANE AND THE SLOWER LANE TWO OR THREE TIMES EACH WITHIN A QUARTER MILE STRETCH OF THE ROADWAY. I PULLED BEHIND the VEHICLE CLOSER AND AS I WAS ABOUT TO INITIATE A TRAFFIC STOP, I OBSERVED THE VEHICLE STRIKE THE DIVIDING CURB BETWEEN WEST BOUND AND the EAST BOUND TURN LANE. I INITIATED MY OVERHEAD TRAFFIC LIGHTS AND the DRIVER OF THE VEHICLE ABRUPTLY HIT HIS BRAKES TURNING INTO THE SLOW LANE AND UP ONTO the CURB AT A SPEED FASTER THEN WHAT WOULD NORMALLY HAVE BEEN DONE. THE VEHICLE NARROWLY MISSED the TELEPHONE POLE AS IT CAME TO REST ON the SIDEWALK. I PULLED BEHIND the VEHICLE, EXITED MY PATROL VEHICLE, AND MADE CONTACT WITH THE DRIVER LATER IDENTIFIED AS FLOYD MCELRATH (DEFENDANT). I DETECTED A VERY STRONG ODOR OF ALCOHOL AND IT WAS VERY APPARENT THAT BOTH THE DRIVER AND THE PASSENGER WERE UNDER THE INFLUENCE OF ALCOHOL. I ASKED THE DRIVER IF HE HAD A DRIVER'S LICENSE TO WHICH HE ADVISED "NO." I ASKED IF THE DRIVER'S LICENSE WAS SUSPENDED AT WHICH TIME THE DRIVER ADVISED, "YES FOR DUI". THE PASSENGER AND THE DRIVER WAS ABLE TO PROVIDE IDENTIFICATION IN the FORM OF AN IDENTIFICATION CARD. BOTH IDENTIFICATION CARDS REVEALED PREVIOUS SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE. I HAD BOTH OCCUPANTS EXIT the VEHICLE, AND OBSERVED THAT BOTH HAD DIFFICULTY WALKING AND BOTH WERE IN DANGER OF FALLING DOWN. the DEFENDANT NEEDED ASSISTANCE TO GET BACK TO MY PATROL VEHICLE AND ALMOST FELL DOWN SEVERAL TIMES. IT SHOULD BE NOTED, DUE TO HEAVY TRAFFIC AS WELL AS THE DEFENDANT'S SEVERE INTOXICATION, FIELD SOBRIETY TASK WERE NOT CONDUCTED. the DEFENDANT CONTACTED HIS SON WHO SPOKE WITH DEPUTY DICAMILLO ADVISING the REGISTERED OWNER OF THE VEHICLE WAS AT HOME ALSO INTOXICATED AND WOULD NOT BE ABLE TO RESPOND TO THAT LOCATION TO PICK UP HIS VEHICLE. THE VEHICLE WAS TOWED THIS DATE (031409) BY ED'S TOWING AND A TOW SHEET COMPLETED (TO FOLLOW). I CHECKED the DEFENDANT'S DRIVER'S HISTORY THROUGH "DAVID" AND the DEFENDANT'S LICENSE WAS SUSPENDED ON 041707, FOR FAILURE TO PAY TRAFFIC FINE, ON 031606, FOR FAILURE TO PAY TRAFFIC FINE, ON 051704, FOR FAILURE TO PAY TRAFFIC FINE, SUSPENDED ON 050202 ,FOR FIVE YEARS, FOR DRIVING UNDER THE INFLUENCE, ON 011402, LICENSE REVOKED FOR OVER 180 DAYS FOR DRIVING UNDER THE INFLUENCE, SUSPENDED ONE YEAR ON 030802, FOR DRIVING WITH UNLAWFUL BALANCE, AND SUSPENDED SIX MONTHS ON 072101, FOR DRIVING WITH UNLAWFUL BALANCE. IT TURNED OUT THAT the LAST SUSPENSION FOR DRIVING UNDER THE INFLUENCE EXPIRED ON 050207, AND CURRENTLY the DEFENDANT'S DRIVER'S LICENSE IS SUSPENDED INDEFINITELY FOR THREE DIFFERENT CHARGES OF FAILURE TO PAY TRAFFIC FINES. the DEFENDANT WAS ARRESTED AND CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE IS SUSPENDED OR REVOKED (KNOWINGLY) IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). THE DEFENDANT WAS ALSO CHARGED WITH TWO COUNTS OF FAILURE TO SIGN CITATIONS AS the DEFENDANT REFUSED. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT the DETENTION FACILITY, THE DEFENDANT REFUSED TO SIGN TWO CITATIONS CITATION NUMBER 9739-FXZ FOR FAILURE TO DRIVE WITHIN SINGLE LANE, AND TRAFFIC CITATION NUMBER 9738-FXZ FOR DRIVING WHILE LICENSE SUSPENDED IN REFERENCE TO FAILURE TO PAY TRAFFIC FINES. THE BOND FOR DRIVING WHILE LICENSE IS SUSPENDED WAS SET AT $500.00 AND THE BOND FOR REFUSAL TO SIGN CITATIONS WAS SET AT $300.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS GIVEN A MANDATORY TRAFFIC COURT DATE OF 040209, AT 1300 HOURS, AT the CITRUS COUNTY COURTHOUSE. NO FURTHER ACTION TAKEN AT THIS TIME. *NOT-EXEMPT* |
