| Probable cause affidavit: |
SUBMITTED BY: PETROVICH, DARREN FHP2867 (AR11122806) THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF FLORIDA STATE STATUTE 316.061(1) AND 316.062. 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); did drive or was in the actual physical control of a vehicle at a time when HIS blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused PROPERTY DAMAGE, to-wit: A UTILITY POWER POLE FOR WITHLACOOCHEE ELECTRIC, in violation of Florida Statute 316.193(3)(A)(B)(C)(1); ON 091811 AT APPROXIMATELY 2157 HOURS, I ARRIVED AT A SINGLE VEHICLE CRASH ON WEST ADIRONDACK AND NORTH CITRUS AVENUE IN DUNNELLON. I OBSERVED A GOLD COLOR MAZDA PICKUP BEARING FLORIDA TAG A452LT FACING IN A WESTERLY DIRECTION WITH THE FRONT END AGAINST A POWER POLE. CITRUS COUNTY SHERIFF'S OFFICE (CCSO) DEPUTY CRIDLAND (0277) AND SERGEANT KELLEY (0065) WERE ON SCENE. THEY ADVISED ME THEY HAD THE DRIVER OF THE VEHICLE IN THE BACK OF DEPUTY CRIDLAND'S PATROL VEHICLE. SERGEANT KELLEY ADVISED ME THAT THEY HAD GONE TO THE DEFENDANT'S RESIDENCE AND FOUND THE DEFENDANT AT THE RESIDENCE. THEY ALSO SPOKE TO A MALE SUBJECT, MR EDWARD LARSON, WHO GAVE THE DEFENDANT A RIDE HOME FROM THE CRASH SCENE. MR LARSON PROVIDED SERGEANT KELLEY WITH A SWORN WRITTEN STATEMENT. THE DEFENDANT AT THAT TIME ADVISED DEPUTY CRIDLAND THAT HE HAD BEEN DRIVING THE VEHICLE AND HAD MR LARSON DRIVE HIM HOME. I HAD THE DEFENDANT EXIT THE REAR OF THE DEPUTY CRIDLAND'S PATROL VEHICLE AND ADVISED HIM THAT I WAS DOING A CRASH INVESTIGATION. THE DEFENDANT TOLD ME THAT HE HAD GONE THROUGH THE INTERSECTION AND COLLIDED WITH THE POLE. AT THIS TIME, I NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AND ALSO NOTICED THAT HE HAD BLOODSHOT WATERY EYES. I ASKED THE DEFENDANT IF HE WOULD PERFORM SOME FIELD SOBRIETY TASKS TO WHICH HE COMPLIED. I ASKED THE MEDICS ON SCENE FOR A TWO INCH WIDE ROLL OF WHITE MEDICAL TAPE. I PUT A LINE OF TAPE IN THE ROADWAY WHICH WAS SECURED BY EMERGENCY SERVICES AND CITRUS COUNTY SHERIFF'S OFFICE (CCSO) DEPUTY'S VEHICLES. I ASKED THE DEFENDANT IF I COULD CHECK HIS EYES TO WHICH HE COMPLIED. THE DEFENDANT, AT THAT TIME, STATED HE WAS STABBED IN THE RIGHT EYE WHEN HE WAS FIVE YEARS OF AGE AND HE HAS A PROBLEM WITH HIS RIGHT EYE. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN THE LEFT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN THE LEFT EYE. 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. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE ON STEP TWO, NO HEEL TO TOE CONTACT ON STEPS SEVEN TO NINE. ON THE RETURN STEPS, NO HEEL TO TOE CONTACT ON STEPS ONE, THREE AND SIX. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON COUNT TWO AND STOPPED ON COUNT THREE. THE DEFENDANT RESTARTED FROM ONE AGAIN AND STOPPED ON COUNT 17. THE DEFENDANT ONLY HAD HIS FOOT OFF THE GROUND APPROXIMATELY TWO INCHES AND SWAYED SLIGHTLY DURING THE EXERCISE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST AT APPROXIMATELY 1008 HOURS FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) SECURED IN THE RIGHT REAR PASSENGER SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT AT 1011 HOURS 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING TO THEIR IMPOUND FACILITY. 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/HER BREATH WITH THE TEST RESULTS BEING .120 AND .120. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY, TWO COUNTS, WITH A BOND OF $1,000.00 AND LEAVING THE SCENE/FAIL TO REMAIN AT A CRASH WITH PROPERTY DAMAGE WITH A BOND OF $500.00. THE DEFENDANT'S TOTAL BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA CRIMINAL DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4163-XBN, FLORIDA CRIMINAL DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY CITATION NUMBER 4011-SXK AND 4012-SXK AND FLORIDA CRIMINAL UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 4010-SXK FOR LEAVE SCENE/FAIL TO REMAIN AT CRASH WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE ON 100611 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 4009-SXK FOR FAILURE TO STOP AT A POSTED STOP SIGN WITH A FINE $166.00 PAYABLE WITHIN 30 DAYS. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
