Date of birth: | Oct 10, 1972 |
Probable cause affidavit: | SUBMITTED BY: CLOUD, TOD (AR09108894) 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. (AND) 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, AND DID DAMAGE THE PROPERTY OF THE VICTIM, CITRUS COUNTY, TO WIT: A STREET SIGN BELONGING TO CITRUS COUNTY, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)C(1). ON 050309 AT APPROXIMATELY 1631 HOURS, I ARRIVED AT THE SCENE OF A ROLL OVER CRASH ON FORT ISLAND TRAIL AT GREEN LEAF FOREST ROAD. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION I TURNED MY INVESTIGATION INTO A CRIMINAL DUI INVESTIGATION. THE REASON FOR THE CRIMINAL DUI INVESTIGATION WAS THE DRIVER OF THE VEHICLE HAD BLOODSHOT EYES, A FLUSHED FACE, THE SMELL OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND HE WAS UNSTEADY WALKING AND STANDING. AT APPROXIMATELY 1650 HOURS, I READ THE DEFENDANT HIS MIRANDA WARNINGS. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND WOULD TALK TO ME. I ASKED IF HE HAD BEEN DRINKING AND HE STATED NO. HE THEN STATED, "WELL DO YOU REALLY WANT THE TRUTH", AND I STATED, "YES", AND HE THEN STATED HE HAD A FEW DRINKS. I ASKED IF HE WOULD DO SOME FIELD SOBRIETY TASKS TO SEE IF HE WAS OKAY TO DRIVE AND HE STATED HE WOULD. THE DEFENDANT DID NOT DO WELL WITH THE RHOMBERG ALPHABET TASK BECAUSE HE INCORRECTLY RECITED THE ALPHABET AFTER THE LETTER H. HE THEN STARTED OVER AND SANG THE ALPHABET THE SECOND TIME. THE DEFENDANT DID NOT DO WELL WITH THE FINGER TO NOSE TASK BECAUSE HE FAILED TO POINT FORWARD PRIOR TO TOUCHING HIS NOSE. HE MISSED THE TIP OF HIS NOSE WITH HIS INDEX FINGERS ALL FIVE TIMES. THE DEFENDANT DID NOT DO WELL WITH THE ONE LEG STAND TASK BECAUSE HE PUT HIS FOOT DOWN THREE TIMES WITHIN TEN SECONDS. THE DEFENDANT ALSO DID NOT DO WELL WITH THE WALK AND TURN TASK BECAUSE HE STEPPED OFF THE LINE SEVERAL TIMES, DID NOT TOUCH HEEL TO TOE, LOST HIS BALANCE DURING INSTRUCTIONS AND DID NOT TURN CORRECTLY AND TOOK AN IMPROPER AMOUNT OF STEPS. ALSO AFTER TURNING INCORRECTLY THE DEFENDANT REFUSED TO TAKE THE NINE HEEL TO TOE STEPS BACK. AT APPROXIMATELY 1658 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI. AT APPROXIMATELY 1700 HOURS, THE DEFENDANT WAS READ IMPLIED CONSENT, AT WHICH TIME HE STATED HE WOULD NOT TAKE A BREATH TEST. PRIOR TO MY ARRIVAL AT THE CRASH SCENE THE DEFENDANT HAD REFUSED MEDICAL TREATMENT. DUE TO BLOOD DRIPPING FROM HIS CHIN EMS WAS CALLED BACK TO THE SCENE AND AGAIN THE DEFENDANT REFUSED MEDICAL TREATMENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING AND BOOKING. UPON ARRIVAL AT THE JAIL, THE JAIL PERSONNEL STATED THEY WOULD NOT ACCEPT HIM IN THE CONDITION HE WAS WITH THE INJURIES. THE DEFENDANT WAS THEN TAKEN BY MYSELF TO CITRUS MEMORIAL HOSPITAL FOR TREATMENT OF HIS WOUNDS. SAID WOUNDS WERE A CUT TO THE CHIN AND A SWOLLEN RIGHT EYE. THE DEFENDANT WAS TREATED AND MEDICALLY RELEASED AND TRANSPORTED BACK TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE DETENTION FACILITY THE SUSPECT WAS TAKEN IN TO HAVE THE REFUSAL ON TAPE BY THE BREATH TEST OPERATOR. AT THAT TIME HE DECIDED HE WOULD TAKE A BREATH TEST. SAID BREATH TEST RESULTS WERE .294 AND .278. THE DEFENDANT WAS THEN PROCESSED AND BOOKED FOR DUI AND DUI PROPERTY DAMAGE. THE DEFENDANT WAS THEN ISSUED THREE TRAFFIC CITATIONS; CITATION 0894-XAU FOR DUI, CITATION 9446-SPP FOR DUI PROPERTY DAMAGE, CITATION 9445-SPP FOR CARELESS DRIVING. CASE NUMBER FHPC09OFF040724 *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Apr 12, 2010 |
Booking number: | 10114261 |
Booking location: | Citrus County, FL |
Arrest date: | May 3, 2009 |
Booking number: | 09108894 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $5,000 |
Code: | 316.193(3)(C)(1) |
Charge description: | DUI W/DAMAGE TO PROPERTY OR PERSON OF ANOTHER |
Bond amount: | $500 |
Code: | 948.06 |
Charge description: | VOP- DUI AND DAMAGE PROPERTY, PERSONAL INJURY |
Bond amount: | $0 |