| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR13-5601) 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 051313, AT APPROXIMATELY 1919 HOURS, I RESPONDED TO WEST GROVER CLEVELAND BOULEVARD AND SOUTH BLUEJAY TERRACE IN HOMOSASSA, WHERE DEPUTY CHENOWETH, ALONG DEPUTY MATOS HAD CONDUCTED A TRAFFIC STOP ON A 1996 FORD EXPLORER WHITE IN COLOR BEARING FLORIDA LICENSE PLATE 085VHX. THE OCCUPANTS OF THIS VEHICLE WERE ALLEGEDLY INVOLVED IN A PHYSICAL ALTERCATION AT THE CENTERS IN LECANTO. UPON MY ARRIVAL, I MADE CONTACT WITH BOTH DEPUTIES, WHO ADVISED THAT THEY HAD DETERMINED THAT THE PHYSICAL ALTERCATION WAS UNFOUNDED, HOWEVER THE DRIVER/DEFENDANT, MR HARVEY DATTOLI, APPEARED TO BE UNDER THE INFLUENCE OF AN UNKNOWN ALCOHOLIC BEVERAGE. I WAS ADVISED THAT HE HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HIS BREATH, SLURRED SPEECH AND GLASSY EYES WHICH WERE BLOODSHOT. WHILE SPEAKING WITH DEPUTY MATOS, HE ADVISED THAT AFTER THEY HAD CONDUCTED THE TRAFFIC STOP, THE DEFENDANT JUMPED OUT OF HIS VEHICLE IN AN AGGRESSIVE MANNER AND APPROACHED BOTH DEPUTIES. AT THAT TIME, THE DEFENDANT WAS PLACED IN HANDCUFFS FOR BOTH OF THE DEPUTIESâ SAFETY. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM THAT HE WAS NOT UNDER ARREST AND HE WAS JUST BEING DETAINED. I ADVISED DEPUTY MATOS TO REMOVE THE HANDCUFFS FROM HIM. AT THAT TIME, WHILE SPEAKING WITH THE DEFENDANT, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HIS SPEECH WAS SLURRED AND HIS EYES WERE GLASSY AND BLOODSHOT. HE WAS ALSO LEANING AGAINST THE FRONT OF DEPUTY MATOSâ PATROL VEHICLE TO MAINTAIN BALANCE. I IDENTIFIED MYSELF AND I ASKED HIM IF HE HAD BEEN DRINKING TODAY. HE INFORMED ME THAT HE HAD A FEW BEERS AND HE IDENTIFIED THEM TO BE BUD LIGHT. I THEN ASKED HIM IF HE WOULD PERFORM SOME FIELD SOBRIETY TASKS AND HE ADVISED THAT HE WOULD NOT DO THEM. WHILE SPEAKING WITH THE DEFENDANT, MY IN CAR VIDEO CAMERA WAS ACTIVATED. A COPY OF THE VIDEO WILL BE PLACED IN TO EVIDENCE. AT THAT TIME, I ADVISED HIM THAT HE WAS GOING TO BE PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND TO PLACE HIS HANDS BEHIND HIS BACK. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FRIEND ALONG WITH THE PASSENGER. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS THEN READ HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED IF HE WISHED TO SPEAK TO ME AND HE ADVISED THAT HE WOULD. THE DEFENDANT WAS 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. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 7247-XGA4 WITH A MANDATORY COURT APPEARANCE ON 053013 AT 1300 HOURS, THE CITRUS COUNTY COURTHOUSE. |
