| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR16-17985) 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)(A). ON 011916 AT APPROXIMATELY 1706 HOURS, DISPATCH RECEIVED A CALL FOR SERVICE IN REFERENCE TO A VEHICLE THAT WAS LEAVING WEST OZELLO TRAIL AND JOHN BROWN ROAD, TRAVELING TOWARDS HIGHWAY 19. THE CALLER ADVISED THAT THE WHITE MALE DRIVER APPEARED TO BE INTOXICATED AND THE VEHICLE WAS DESCRIBED AS A NEWER MODEL WHITE CADILLAC TWO DOOR BEARING FLORIDA LICENSE PLATE LAD120. THE CALLER ALSO ADVISED THAT THE VEHICLE WAS TRAVELING OFF THE ROADWAY AND ALMOST DROVE INTO THE CANAL SEVERAL TIMES. THE VEHICLE CONTINUED TO TRAVEL TOWARDS HIGHWAY 19 WHEN DEPUTY ZAREK (1359) OBSERVED THE VEHICLE MATCHING THE DESCRIPTION ABOUT A QUARTER OF A MILE WEST OF SOUTH LOG HAVEN POINT ON WEST OZELLO TRAIL. DEPUTY ZAREK STATED THAT HE TURNED AROUND ON THE VEHICLE TO OBSERVE AND ATTEMPTED TO INITIATE A TRAFFIC STOP ON THE VEHICLE, AT WHICH TIME HE ACTIVATED HIS EMERGENCY LIGHTS AND SIRENS TO PULL OVER THE VEHICLE. THE DRIVER IGNORED THE LIGHTS AND SIRENS AND CONTINUED TO TRAVEL TOWARDS HIGHWAY 19 AT SPEEDS OF APPROXIMATELY 40 MILES PER HOUR. THE DRIVER FINALLY STOPPED AT SOUTH LOG HAVEN POINT AND WEST OZELLO TRAIL. DEPUTY ZAREK MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR FRANCIS NOLAN, WHO STATED THAT HE WAS GOING HOME. ONCE ON SCENE, I MADE CONTACT WITH DEPUTY ZAREK WHO STATED THAT WHILE SPEAKING WITH THE DEFENDANT HE COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. AT THAT TIME, I ACTIVATED MY IN CAR CAMERA AND MADE CONTACT WITH THE DEFENDANT, WHO STATED THAT HE WAS HEADING HOME. WHILE SPEAKING WITH HIM, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DEFENDANT HAD A HARD TIME STANDING UP AND HE WAS LEANING AGAINST THE SIDE OF THE PATROL CAR TO KEEP HIS BALANCE. THE DEFENDANT HAD SLURRED SPEECH AND GLASSY, BLOODSHOT EYES. HE HAD SOME SCRATCHES ON HIS BOTTOM LIP AND THE RIGHT SIDE OF HIS FACE, WHERE IT APPEARED THAT HE HAD FALLEN. I ASKED HIM IF HE NEEDED MEDICAL ATTENTION AND HE STATED NO. DUE TO THE FACT THAT WE WERE ON THE SHOULDER OF THE ROAD, DEPUTY ZAREK PLACED HIM IN THE REAR SEAT OF HIS PATROL CAR AND WE WENT TO THE OZELLO WATER DEPARTMENT JUST WEST OF OUR LOCATION FOR SAFETY. THE DEFENDANT WAS THEN TAKEN OUT OF THE BACK SEAT OF THE CAR. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT, BUT REFUSED TO PERFORM ANY OF THE FIELD SOBRIETY TASKS. THE DEFENDANT ADVISED ME THAT HE HAD DRANK SOME BUD LIGHT BEER APPROXIMATELY AN HOUR AGO. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0078-XEJ5, WITH A MANDATORY COURT APPEARANCE OF 020416, AT THE CITRUS COUNTY COURTHOUSE. DEPUTY ZAREK ALSO ISSUED THE DEFENDANT WRITTEN WARNING NUMBER 398582B, FOR FAILURE TO MAINTAIN SINGLE LANE. |
