| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR10118212) 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 120310 AT APPROXIMATELY 2230 HOURS, I WAS DISPATCHED TO 8808 EAST LAKE BREEZE LANE, IN REFERENCE TO A VEHICLE ACCIDENT THAT ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE WITNESS WHO ADVISED THAT SHE HAD BEEN WATCHING TELEVISION WHEN SHE OBSERVED THE DEFENDANT'S VEHICLE IN FRONT OF HER HOME DRIVING ERRATICALLY. SHE ADVISED THAT SHE RETRIEVED THE TELEPHONE TO CALL 9-1-1 AND OBSERVED THAT THE VEHICLE HAD STRUCK HER TRUCK WHICH WAS LEGALLY PARKED IN HER DRIVEWAY. I MADE CONTACT WITH THE DEFENDANT, MR JAMES BELL, WHO WAS THE DRIVER OF THE VEHICLE AND SEATED IN THE DRIVER'S SEAT. THE DEFENDANT WAS INCOHERENT AND I DETECTED A STRONG ODOR OF ALCOHOL EMANATING FROM THE VEHICLE. THE DEFENDANT'S EYES WERE GLASSY AND BLOOD SHOT, AND HIS SPEECH WAS HEAVILY SLURRED. I PERFORMED AN INVESTIGATION REFERENCE THE TRAFFIC ACCIDENT DHSMV 10957491, AND CITED THE DEFENDANT FOR CARELESS DRIVING REFERENCE THE ACCIDENT. I THEN INFORMED THE DEFENDANT THAT I WAS FINISHED WITH THE INVESTIGATION REFERENCE THE TRAFFIC ACCIDENT AND WAS OPENING AN INVESTIGATION REFERENCE THE SUSPICION THAT HE WAS DRIVING UNDER THE INFLUENCE. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING AND HE STATED, "A LITTLE BIT". I ASKED HIM HOW MUCH THAT MEANT AND HE MUMBLED INCOHERENTLY. I ASKED THE DEFENDANT IF HE WOULD BE WILING TO STEP OUT OF THE VEHICLE TO PERFORM SOME FIELD SOBRIETY TASKS AND THE DEFENDANT ADVISED THAT HE WAS WILLING TO TRY. THE DEFENDANT EXITED THE VEHICLE AND FELL OVER. I ASSISTED THE DEFENDANT TO HIS FEET AND HE RETURNED TO THE DRIVER'S SEAT AND SAT DOWN. I ASKED THE DEFENDANT SEVERAL MORE TIMES IF HE WOULD BE WILLING TO ATTEMPT THE FIELD SOBRIETY TASKS, AND HE EVENTUALLY INDICATED THAT HE WOULD. I ATTEMPTED TO DEMONSTRATE THE ONE-LEGGED STAND TO THE DEFENDANT AND DESPITE MY WARNING HIM TO NOT BEGIN THE TASK UNTIL I ADVISED HIM TO, HE IMMEDIATELY BEGAN TO ATTEMPT. HE WAS HOLDING ONTO THE OPEN DOOR OF HIS VEHICLE AS HE MADE THE ATTEMPT. HE DID NOT COUNT ALLOWED AND DID NOT LOOK DOWN AT HIS FOOT, AND STOPPED AFTER APPROXIMATELY TWO SECONDS. I ASKED THE DEFENDANT IF HE WAS COMPLETE WITH THE TASK AND HE WAS AGAIN UNINTELLIGIBLE. I ASKED THE DEFENDANT SEVERAL MORE TIMES IF HE WISHED TO ATTEMPT THE TASK AGAIN OR IF HE WISHED TO ATTEMPT ANOTHER TASK, AND HE WAS AGAIN UNINTELLIGIBLE. I PLACED THE DEFENDANT UNDER ARREST FOR SUSPICION OF DRIVING UNDER THE INFLUENCE (DUI). HE WAS HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THIS DEPUTY READ THE DEFENDANT HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT WAS EITHER UNABLE OR UNWILLING TO SAY THAT HE UNDERSTOOD HIS RIGHTS AND WAS UNABLE OR UNWILLING TO CONSENT TO HIS IMPLIED CONSENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S VEHICLE WAS RELEASED TO HIS WIFE. UPON ARRIVING AT THE DETENTION FACILITY, I HAD TO ASSIST THE DEFENDANT OUT OF THE VEHICLE AND HELP HIM MAINTAIN HIS BALANCE, AND THEN SIT HIM DOWN INSIDE THE JAIL. THE DEFENDANT DID NOT RECALL THE ACCIDENT AND DID NOT APPEAR TO KNOW WHERE HE WAS AT, DESPITE MY REPEATEDLY TELLING HIM THAT HE WAS UNDER ARREST. DETENTION FACILITY PERSONNEL READ THE DEFENDANT HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO 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, CITATION NUMBER 7465-XAD WITH A MANDATORY COURT APPEARANCE ON 122710 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
