| Probable cause affidavit: |
SUBMITTED BY: DUHART, MICHELE 0535 (AR08106158) 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) AND BEING THEN AND THERE THE DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE OR OTHER PROPERTY WHICH IS NOT DRIVEN OR ATTENDED BY ANOTHER PERSON, FAIL TO IMMEDIATELY STOP HIS VEHICLE AT THE SCENE OF SUCH ACCIDENT AND FULFILL THE REQUIREMENT OF FLORIDA STATUTE 316.062, IN VIOLATION OF FLORIDA STATUTE 316.061(1) AND UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DUHART, A DEPUTY SHERIFF WITH THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: TRANSPORTING THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 110708 AT APPROXIMATELY 1943 HOURS, I WAS DISPATCHED TO A VEHICLE CRASH WHERE A DRIVER FLED THE SCENE. UPON ARRIVAL TO THE DISPATCH LOCATION, THE DEFENDANT WAS IN THE CUSTODY OF DEPUTY DEARDEN WHO HAD ARRIVED ON SCENE FIRST AND LOCATED THE DEFENDANT DOWN THE STREET FROM THE CRASH LOCATION. WHEN THE DEFENDANT WAS APPROACHED BY DEPUTY DEARDEN, HE ATTEMPTED TO WALK AWAY FROM DEPUTY DEARDEN AND REFUSED TO COMPLY WITH ALL VERBAL COMMANDS, AT WHICH TIME HE WAS REDIRECTED TO THE GROUND WHERE DEPUTY DEARDEN SECURED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. DEPUTY DEARDEN HAD ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED HE WAS COMING FROM COACHES PUB AND EATERY. WHEN I MADE CONTACT WITH THE DEFENDANT, HE STATED SEVERAL TIMES "JUST KILL ME, BITCH. I WANT TO DIE. WHY CAN'T YOU JUST KILL THE NIGGER?" THE DEFENDANT WAS ARRESTED FOR DRIVING UNDER THE INFLUENCE AND LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE OF APPROXIMATELY SEVEN THOUSAND DOLLARS. THE DEFENDANT WAS ASKED WHAT HAD HAPPENED TO CAUSE THE ACCIDENT, TO WHICH HE STATED HE MISSED THE TURN AND CRASHED INTO A PARKED VEHICLE AND INTO A RESIDENCE. THE DEFENDANT WAS ASKED TO PARTICIPATE IN A SERIES OF ROADSIDE SOBRIETY TASKS, WHICH HE REFUSED TO DO. THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. ONCE IN THE REAR SEAT OF MY PATROL VEHICLE, THE DEFENDANT BECAME VERY COMBATIVE, YELLING AT ME TELLING ME TO KILL HIM, THAT HE JUST WANTED TO DIE. THE DEFENDANT ATTEMPTED TO KICK OUT THE REAR DRIVER SIDE WINDOW OF MY PATROL VEHICLE. LIEUTENANT VICK MADE CONTACT WITH THE DEFENDANT, AT WHICH TIME LEG RESTRAINTS WERE PLACED ON THE DEFENDANT. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO CHARGED WITH LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE AND RESISTING ARREST WITHOUT VIOLENCE WITH A TOTAL BOND OF $1,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 492379X, WITH A MANDATORY COURT APPEARANCE ON 120408 AT1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 2785-FIR, FOR LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE, AND UNIFORM TRAFFIC CITATION NUMBER 2784-FIR, FOR CARELESS DRIVING. *NOT-EXEMPT* |
