| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (17-9862) (AR17-22310) 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. ON 011917, I WAS DISPATCHED TO THE AREA OF WEST DUNNELLON ROAD AND NORTH CITRUS AVENUE IN REFERENCE TO A RECKLESS VEHICLE COMPLAINT. UPON ARRIVAL TO THE AREA, I BEGAN TRAVELING WEST ON WEST DUNNELLON ROAD, WHEN I OBSERVED A BLUE FOUR DOOR VOLKSWAGEN MAKE A U-TURN AT NORTH NORTHCUT AVENUE WHICH BEGAN TRAVELING EAST ON WEST DUNNELLON ROAD. THIS VEHICLE CAME INTO MY LANE OF TRAVEL AND I HAD TO LEAVE THE ROADWAY TO AVOID A COLLISON. I TURNED AROUND ON THE VEHICLE, POSITIONING MY PATROL VEHICLE BEHIND THE SAID VEHICLE, INITIATING A TRAFFIC STOP UTILIZING MY EMERGENCY OVERHEAD LIGHTS, AT NORTH DUSK POINT. THE VEHICLE CROSSED OVER INTO THE WESTBOUND LANES OF TRAVEL AND ACROSS THE WHITE FOG LINES IN THE EASTBOUND LANE, HOWEVER BEGAN SLOWING DOWN. THE VEHICLE THEN MADE A RIGHT TURN ON NORTH RAINELLE AVENUE, I THEN ACTIVATED MY SIREN REPEATEDLY UP UNTIL THIS POINT AND DUE TO THE VEHICLE NOT STOPPING I THEN ACTIVATED MY SIREN IN THE ON POSITION. THE VEHICLE CONTINUED TO ROLL SLOWLY APPROXIMATELY A QUARTER TO A HALF MILE DOWN RAINELLE AVENUE. THE VEHICLE WAS TRAVELING ON BOTH THE LEFT AND RIGHT SIDE OF THE ROAD, HOWEVER THIS RURAL ROAD IS NOT STRIPED. AFTER THE VEHICLE CAME TO A STOP, I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR GARY MOYNIHAN. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE AND THE DEFENDANT BEGAN FUMBLING THROUGH HIS GLOVEBOX. I ADVISED THE DEFENDANT THE REASON HE WAS BEING PULLED OVER TONIGHT WAS BECAUSE HE FAILED TO MAINTAIN A SINGLE LANE OF TRAVEL CAUSING ME TO LEAVE THE ROADWAY TO AVOID A COLLISION. THE DEFENDANT WAS THEN ABLE TO LOCATE HIS REGISTRATION AND WHEN I ASKED THE DEFENDANT AGAIN FOR HIS DRIVER'S LICENSE, HE RETRIEVED HIS WALLET FROM HIS POCKET AND PROVIDED ME WITH HIS FLORIDA DRIVER'S LICENSE. THE ODOR OF ALCOHOL WAS STRONG ON THE DEFENDANT, I ALSO OBSERVED THE DEFENDANT TO HAVE GLASSY BLOODSHOT EYES AND SPOKE WITH AN EXTREMELY SLURRED SPEECH. THE DEFENDANT ALSO WAS REFERRING TO ME AS A FEMALE AND WAS CLEARLY MISTAKEN. AT THAT TIME, I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. AFTER THE DEFENDANT EXITED HIS VEHICLE, I OBSERVED VOMIT ON THE INSIDE DOOR PANEL AND THE DEFENDANT STUMBLED FOR APPROXIMATELY 15 FEET INTO MY PATROL VEHICLE, CATCHING HIMSELF ON MY PUSH BUMPER. AFTER THE DEFENDANT FELT AS IF HE REGAINED HIS BALANCE I ASKED HIM TO PLEASE COME OVER TO WHERE I WAS STANDING. HE TOOK TWO STEPS AND STUMBLED INTO THE BACK OF HIS VEHICLE WHERE I ASKED THE DEFENDANT TO REMAIN SO THAT HE MAY USE THE VEHICLE TO ASSIST HIM IN MAINTAINING HIS BALANCE. I READ THE DEFENDANT HIS MIRANDA RIGHTS FROM AN AGENCY ISSUED MIRANDA WARNING CARD. I ALSO EXPLAINED TO THE DEFENDANT HIS IMPLIED CONSENT. THE DEFENDANT ADVISED THAT HE UNDERSTOOD ALL OF HIS RIGHTS, HOWEVER REFUSED TO DO ANY SOBRIETY TASKS AND CONTINUED TO REFER TO ME AS A FEMALE. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS PLACED IN HANDCUFFS, DOUBLE-LOCKED, BEHIND HIS BACK, PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE IN THE REAR SEAT OF MY PATROL VEHICLE, ON THE WAY TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT KEPT REPEATING, âOUCH, BABY, STOP IT SWEETIE, YOUâRE HURTING ME, WHY ARE YOU TREATING ME LIKE A CRIMINAL, YOUâRE RUINING MY LIFEâ. I ASKED THE DEFENDANT WHO HE WAS TALKING TO SINCE THERE WERE NO FEMALES PRESENT AND HE REMAINED SILENT, HOWEVER REPEATED HIMSELF MULTIPLE TIMES ON THE WAY TO THE CITRUS COUNTY DETENTION FACILITY. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, WITH CORRECTIONS OFFICER FLOYD AND DEPUTY HOLTZHOUSE (0616), THE DEFENDANT WAS READ MIRANDA AT 2246 HOURS AND REFUSED TO PERFORM ANY FIELD SOBRIETY TASKS. THE DEFENDANT ALSO REFUSED TO SUBMIT TO A BREATH TEST. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, I RAN A CRIMINAL HISTORY OF THE DEFENDANT WHERE I LOCATED NO PRIOR DRIVING UNDER THE INFLUENCE ARREST OR REFUSALS TO SUBMIT ARRESTS. 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 A44KS8E, FOR REFUSAL TO A BREATH, BLOOD OR URINE TEST. THE DEFENDANT WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION NUMBER A7YPQTE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
