| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR11124076) 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). ON 122211 AT APPROXIMATELY 1200 HOURS, I WAS DISPATCHED TO THE INTERSECTION OF WEST CONESTOGA STREET AND LONG HORN TERRACE IN BEVERLY HILLS IN REFERENCE TO A VEHICLE STOPPED IN THE MIDDLE OF THE ROADWAY FOR THE PAST HOUR. I RESPONDED AND OBSERVED A GREEN TOYOTA 2-DOOR WITH A TAG OF 7778IW PARKED IN THE MIDDLE OF THE ROADWAY. I APPROACHED THE DRIVER/DEFENDANT, MR FREDERICK CARPENTER, WHO WAS THE ONLY PERSON IN THE VEHICLE AND ASKED HIM IF HE WAS OKAY. I IMMEDIATELY NOTICED THAT HE HAD BLOODSHOT WATERY EYES AND A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I ALSO NOTICED A 1.75 LITER WHISKY BOTTLE ON THE PASSENGER'S SEAT AND IT HAD BEEN PARTIALLY CONSUMED. I ASKED MR CARPENTER FOR HIS DRIVER'S LICENSE THREE TIMES AND EACH TIME, HE PROVIDED ME WITH A DIFFERENT CREDIT CARD. I ASKED HIM WHERE HE LIVED AND HE SAID "HERE". HE WAS NOT ABLE TO FIND HIS DRIVER'S LICENSE WHICH I NOTICED WAS RIGHT IN THE MIDDLE OF HIS WALLET IN THE DRIVER'S LICENSE HOLDER. I RETRIEVED THE DRIVER'S LICENSE ON MY OWN AND ASKED MR CARPENTER IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES, TO WHICH HE DID NOT RESPOND. A COMPUTER CHECK OF HIS LICENSE PLATE SHOWED THAT HE LIVES APPROXIMATELY 1.5 MILES FROM OUR LOCATION AND I ASKED HIM AGAIN WHERE HE LIVED. THE ONLY THING MR CARPENTER COULD SAY WAS 54. I THEN ASKED HIM IF HE WAS TRYING TO MAKE IT HOME AND WAS TOO DRUNK TO LOCATE HIS HOUSE, TO WHICH HE SAID "THAT IS CORRECT". I THEN ASKED MR CARPENTER TO STEP OUT OF HIS VEHICLE AND WALK TOWARDS MY PATROL VEHICLE. I NOTICED THAT HE HAD A VERY HARD TIME WALKING. HE REPEATEDLY PLACED HIS HANDS ON HIS VEHICLE TO PREVENT HIMSELF FROM FALLING. I THEN ASKED HIM IF HE WOULD PERFORM FIELD SOBRIETY EXERCISES TO DETERMINE HIS ABILITY TO DRIVE, TO WHICH HE DID NOT ANSWER. I THEN ESCORTED MR CARPENTER TO THE REAR OF MY PATROL VEHICLE AND THEN ADVISED HIM THAT HE WAS UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. DUE TO THE SEVERITY OF HIS IMPAIRMENT, I DID NOT HANDCUFF HIM AS HE CONTINUED TO USE HIS HANDS TO BALANCE HIMSELF ON MY VEHICLE. I THEN SECURED HIM IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S CAR CARE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .272 & .259. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4641XDX7 WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7127GQF9, FOR OPEN ALCOHOLIC CONTAINER WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
