| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR14-13181) (14-171527) 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 121714 AT APPROXIMATELY , DEPUTY SAAYMAN, ALONG WITH DEPUTY SANCHEZ, AND DEPUTY PRICE WERE DISPATCHED TO 4678 WEST PINE RIDGE BOULEVARD IN BEVERLY HILLS IN REFERENCE TO A COMPLAINANT CALLING IN, IN REFERENCE TO A SPORTS UTILITY VEHICLE (SUV) PARKED ACROSS THE STREET FROM HIS RESIDENCE AND THE DRIVER APPEARED TO BE DRUNK AND PASSED OUT IN THE VEHICLE. DISPATCH ADVISED THE VEHICLE WAS STILL RUNNING AT THE TIME. THE FIRST DEPUTY ON SCENE WAS DEPUTY SAAYMAN. DEPUTY SAAYMAN APPROACHED THE VEHICLE, WHICH WAS DESCRIBED AS A MITSUBISHI SUV, BEARING FLORIDA TAG 0839GP. THE SUV WAS STATIONARY STILL RUNNING JUST OFF THE SIDE OF WEST PINE RIDGE BOULEVARD ACROSS THE STREET FROM THE COMPLAINANT'S RESIDENCE. UPON DEPUTY SAAYMAN APPROACHING THE VEHICLE, HE REALIZED THE VEHICLE WAS STILL IN DRIVE AND THE ENGINE WAS RUNNING. HE THEN REACHED IN TO THE VEHICLE, PUT THE VEHICLE IN PARK AND TOOK THE KEYS OUT OF THE IGNITION. HE THEN OBSERVED THE DEFENDANT, LATER IDENTIFIED BY FLORIDA DRIVER'S LICENSE AND MR GREGORY EDWARD KELLEY, PASSED OUT BEHIND THE WHEEL. DEPUTY SAAYMAN COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE VEHICLE AND THAT HE WAS HAVING A PROBLEM WAKING UP THE DEFENDANT. IT TOOK APPROXIMATELY 7 TO 8 MINUTES TO WAKE UP THE DEFENDANT, DUE TO HIS APPARENT LEVEL OF POSSIBLE INTOXICATION. EMERGENCY MEDICAL SERVICES WAS ALSO NOTIFIED AND RESPONDED TO THE SCENE TO CHECK THE DEFENDANT'S WELLBEING. I THEN NOTIFIED DISPATCH THAT I WOULD BE EN ROUTE TO THEIR LOCATION. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY SAAYMAN WHO ADVISED ME OF THE SITUATION. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR GREGORY KELLEY. UPON MAKING CONTACT WITH HIM, I IMMEDIATELY NOTICED A VERY SLOW REACTION TIME, A VERY SLOW SPEECH PATTERN, GLASSY BLOODSHOT EYES, AS WELL AS AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. AFTER SPEAKING WITH THE DEFENDANT, I ASKED HIM IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, TO WHICH HE STATED NO. I THEN ASKED HIM IF HE HAD CONSUMED ANY CONTROLLED SUBSTANCES, TO WHICH HE STATED NO. I THEN ASKED HIM IF HE WAS DIABETIC, TO WHICH HE STATED NO. EMERGENCY MEDICAL SERVICES TESTED MR KELLEY'S BLOOD SUGAR AND DETERMINED IT WAS IN NORMAL OPERATING RAGE. IT WAS OBVIOUS TO THIS DEPUTY, AS WELL AS EVERY DEPUTY ON SCENE, THAT THE DEFENDANT WAS HEAVILY UNDER THE INFLUENCE OF ALCOHOL. A SHORT TIME LATER, I ASKED HIM TO EXIT HIS VEHICLE AND WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE, TO WHICH HE DID. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. I ASKED HIM IF HE HAD ANY PROBLEMS WITH HIS EYES AND IF HE WORE GLASSES , WHICH HE STATED "NOT NOW". PRIOR TO PERFORMING THE FIRST TASK, WHICH WAS THE HORIZONTAL GAZE NYSTAGMUS, THE DEFENDANT ASKED ME IF WHAT I WAS DOING WAS PART OF ROADSIDE SOBRIETY TASKS. WHEN I ADVISED HIM THEY WERE, HE ADVISED HE WAS REFUSING TO PERFORM ANY OF THE TASKS. I THEN EXPLAINED TO THE DEFENDANT THAT BASED ON MY KNOWLEDGE, EXPERIENCE AND MY OBSERVATIONS OF HIM AND BASED ON MY WELL FOUNDED BELIEF HE WAS UNDER THE INFLUENCE OF ALCOHOL THAT HE WAS GOING TO BE PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE PHYSICAL CONTROL. THE DEFENDANT WAS THEN SUBSEQUENTLY ARRESTED, HANDCUFFED (DOUBLE LOCKED) AND WAS SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. WHILE IN THE REAR OF MY PATROL VEHICLE, THE DEFENDANT WAS ADVISED OF HIS MIRANDA FROM A PREPRINTED CARD. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS THAT HE DID NOT WANT TO CONTINUE SPEAKING WITH ME. I THEN ADVISED HIM OF HIS IMPLIED CONSENT REQUESTING THAT HE PROVIDE A BREATH SAMPLE, AS WELL AS A URINE SAMPLE; HOWEVER, HE REFUSED BOTH. A SHORT TIME LATER HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE AGAIN REFUSED TO PROVIDE THE SAMPLES REQUESTED. HE WAS LATER ISSUED A DRIVING UNDER THE INFLUENCE CITATION, NUMBER 8838XBI, WITH A MANDATORY COURT APPEARANCE OF 010815 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. THE ON-SCENE CONTACT, AS WELL AS THE BEGINNING OF THE ATTEMPT OF THE SOBRIETY TASKS WAS VIDEO RECORDED VIA IN-CAR CAMERA AND WILL BE TURNED INTO EVIDENCE. A DRIVER'S LICENSE CHECK WAS PERFORMED ON MR KELLEY'S DRIVER'S LICENSE, WHICH CURRENTLY SHOWED IT WAS SUSPENDED FOR FINANCIAL RESPONSIBILITIES; HOWEVER, MR KELLEY ADVISED HE WAS UNAWARE OF THIS. |
