| Probable cause affidavit: |
SUBMITTED BY: CLOUD, TOD FHP3745 (212-887AR) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 042512 AT APPROXIMATELY 2325 HOURS, WHILE CONDUCTING SPEED ENFORCEMENT ON US HIGHWAY 19 NORTHBOUND, I OBSERVED A GREEN FORD EXCURSION SUV STYLE VEHICLE TRAVELLING SOUTHBOUND ON US HIGHWAY 19. THE VEHICLE WAS TRAVELLING SOUTHBOUND ON THE INSIDE LANE. MY RADAR REVEALED THE VEHICLE WAS TRAVELLING 68 MILES PER HOUR (MPH) IN A POST 45 MPH SPEED ZONE. AT THAT TIME, I IMMEDIATELY CROSSED THE MEDIAN, INITIATED MY EMERGENCY OVERHEAD LIGHTS AND PULLED IN BEHIND THE VEHICLE TO CONDUCT A TRAFFIC STOP. AT THAT TIME, I RECEIVED NO INDICATION THE DRIVER WAS GOING TO PULL OVER. I THEN ACTIVATED MY SIREN. AFTER A FEW SHORT MOMENTS LATER THE DRIVER STARTED TO MERGE TO THE OUTSIDE LANE AS IF HE WAS GOING TO PULL OVER. HE CONTINUED A SHORT DISTANCE DOWN THE ROAD TO THE INTERSECTION OF US HIGHWAY 19 AND OZELLO TRAIL WHERE THE DRIVER MADE A WIDE RIGHT-HAND WITHOUT USING HIS TURN SIGNAL.. THE DRIVER THEN MADE ANOTHER RIGHT-HAND TURN INTO THE CIRCLE-K GAS STATION WHERE THE VEHICLE CAME TO A STOP IN THE PARKING LOT NEAR THE OUTSIDE PUMPS. AS I EXITED MY VEHICLE AND APPROACHED THE DRIVER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT MR JAMES SHANNON EASON, HE ROLLED DOWN HIS BACK WINDOW, NOT HIS DRIVERâS SIDE WINDOW. I KNOCKED ON THE DRIVERâS SIDE WINDOW, TO WHICH THE DRIVER ROLLED DOWN THE DRIVERâS SIDE WINDOW. AT THAT TIME, I IMMEDIATELY DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER AND THE VEHICLE. I IDENTIFIED MYSELF TO THE DRIVER AND ADVISED HIM FOR THE REASON OF MY TRAFFIC STOP. HE ADVISED THAT HE WAS NOT AWAY HE WAS TRAVELLING 68 MPH IN 45 MPH SPEED ZONE. AT THAT TIME, I ASKED HIM FOR HIS DRIVERâS LICENSE, REGISTRATION AND PROOF OF INSURANCE. I OBSERVED THE DRIVER TO FUMBLE THROUGH THE GLOVE BOX WHERE HE REMOVED A BINDER AND THEN PLACED IT BACK. AFTER SOME SEARCHING THE DRIVER REMOVED HIS DRIVERâS LICENSE FROM HIS WALL AND HANDED IT TO ME. I HAD TO REPEAT MY REQUEST SEVERAL TIMES FOR HIS REGISTRATION AND PROOF OF INSURANCE. THE DRIVER CONTINUED TO FUMBLE, DROPPING PAPERS IN HIS LAP AND FINALLY LOCATED THE DOCUMENTS AND HANDED THEM TO ME AS REQUESTED. WHILE SPEAKING WITH THE DRIVER, I NOTICED HIS SPEECH TO BE SLURRED, HE MUMBLED TO HIMSELF AND WAS NOT ABLE TO FOLLOW WHAT WAS BEING ASKED. THE DRIVERâS EYES WERE BLOOD SHOT AND WATERY. I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE AND WHEN HE OPENED THE DOOR HE WAS UNSTEADY ON HIS FEET, STAGGERED AND USED THE DRIVERâS SIDE DOOR TO MAINTAIN HIS BALANCE. ONCE OUT OF THE VEHICLE, I ASKED THE DRIVER IF HAD BEEN DRINKING TONIGHT, TO WHICH HE ADVISED ONE DRINK. I THEN HAD HIM MOVE TO THE FRONT OF HIS VEHICLE AND I AGAIN ASKED HIM HOW MUCH HE HAD TO DRINK TONIGHT. AT THAT TIME, THE DRIVER BECAME VERY UNCOOPERATIVE AND WOULD NOT ANSWER ANY OF MY QUESTIONS. I ASKED THE DRIVER IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATIVE A MOTOR VEHICLE, TO WHICH HE REFUSED. HE KEPT TELLING ME, âJUST TAKE ME TO JAILâ AND AT ONE POINT HE SAID, âYOU GOT ME. TAKE ME TO JAIL.â I HAD THE DRIVER/DEFENDANT TURN AROUND AND FACE HIS VEHICLE. THE DEFENDANT WAS PLACED IN TWO SETS OF HANDCUFFS (DOUBLE LOCKED). I EXPLAINED TO THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR THE SUSPICION OF DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS, TO WHICH HE DID NOT RESPOND. THE DEFENDANT WAS VERY UNCOOPERATIVE. I THEN READ HIM HIS IMPLIED CONSENT, TO WHICH HE REFUSED. I MOVED THE DEFENDANT TO THE FRONT OF MY PATROL VEHICLE AND CONDUCTED A SEARCH OF HIS PERSON, WHICH REVEALED NO WEAPONS OR CONTRABAND. THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE. ADAMâS TOWING RESPONDED TO TOW THE DEFENDANTâS VEHICLE. AN INVENTORY WAS COMPLETED. INSIDE THE DEFENDANTâS VEHICLE WE LOCATED ONE BOTTLE OF NE AMSTERDAM GIN NO 487, 180 PROOF, 375 MILLILITER BEHIND THE PASSENGERâS SEAT IN THE CARGO NETTING. ONLY ABOUT ONE EIGHTH OF THE BOTTLEâS CONTENTS REMAINED. ONCE THE TOW TRUCK OPERATOR REMOVED THE DEFENDANTâS VEHICLE, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ONCE AT THE JAIL, THE DEFENDANT DID SUBMIT TO SEVERAL SOBRIETY TASKS. TASK ONE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, HE LIFTED HIS FOOT ONLY ONE INCH OFF THE GROUND AND HE DID NOT COUNT CORRECTLY. HE USED HIS ARMS TO BALANCE AND PUT HIS FOOT DOWN TOO SOON. THE DEFENDANT WAS NOT ABLE TO COMPLETE THIS TASK. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT STARED THEN STATED HE COULD NOT DO THE EXERCISE BECAUSE HE COULD NOT TURN. HE COULD NOT BALANCE HIMSELF AND STARTED BEFORE INSTRUCTIONS WERE COMPLETE AND THEN HE JUST STOPPED DOING THE EXERCISE. TASK THREE, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT DID NOT KEEP HIS EYES CLOSED, HE FAILED TO POINT FORWARD AND MISSED HIS NOSE USING WRONG FINGER AND HE OPENED HIS EYES EACH TIME HE ATTEMPTED EXERCISE. THE DEFENDANT DID SUBMIT TO THE TEST OF HIS BREATH WITH RESULTS BEING .219 AND .216. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH HIS BOND SET AT $1,000.00, PER THE BOND SCHEDULE. HE WAS ISSUED DUI CITATION NUMBER 7944-XBN1. HE WAS ALSO ISSUED CITATION NUMBER 1769-SZXX, FOR SPEEDING VIOLATION AND CITATION NUMBER 1770-SZX3, FOR OPEN CONTAINER. REFERENCE FHP CASE NUMBER: FHPC12OFF032889 |
