Probable cause affidavit: |
SUBMITTED BY: CONRAN, ALEXANDER FHP/3518 (AR14-9082) 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. D.U.I WITH DAMAGE TO PROPERTY OF ANOTHER, IN VIOLATION OF FLORIDA STATE STATUTE, 316.193(3)(A)(B)(C)(1). ON 021414, I WAS DISPATCHED TO A CRASH IN THE PARKING LOT OF THE CIRCLE K GAS STATION AT 400 SOUTH SUNCOAST BOULEVARD IN CRYSTAL RIVER FLORIDA, 34429. WHEN I ARRIVED ON SCENE, I OBSERVED BOTH VEHICLES THAT WERE INVOLVED IN THE CRASH. BOTH VEHICLES WERE IN THE PARKING LOT OF THE CIRCLE K GAS STATION FACING WEST. THE VEHICLE THE VICTIM WAS DRIVING HAD AN ATTACHED FLORIDA TAG OF, J324JW. THAT TAG WAS ASSIGNED TO A WHITE FORD F-150 PICKUP TRUCK AND REGISTERED TO MR ROBERT F STRONG OF CRYSTAL RIVER, FLORIDA. THE VEHICLE THE DEFENDANT WAS DRIVING HAD AN ATTACHED FLORIDA TAG OF, 972JNY. THAT TAG WAS ASSIGNED TO A 2003 SILVER FOUR DOOR CADILLAC AND REGISTERED TO MR JAMES A LUGINSLAND OF DUNNELLON, FLORIDA. THE VEHICLE THE DEFENDANT WAS DRIVING HAD DAMAGE THAT WAS CONSISTENT WITH BACKING IN TO ANOTHER VEHICLE. THE VEHICLE THE VICTIM WAS DRIVING HAD DAMAGE THAT WAS CONSISTENT WITH BEING BACKED IN TO. I THEN APPROACHED THE OFFICERS ON SCENE, WHO INDICATED WHO THE DRIVER OF EACH VEHICLE WAS. THE VICTIM WAS STANDING INSIDE THE CIRCLE K GAS STATION, AND THE DEFENDANT WAS STANDING IN FRONT OF THE PATROL VEHICLE OF A CITRUS COUNTY SHERIFFâS OFFICE DEPUTY. I THEN APPROACHED THE DEFENDANT AND IDENTIFIED HIM BY HIS VALID DRIVERâS LICENSE (L252441602940) AS MR JAMES ADAM LUGINSLAND, OF DUNNELLON, FLORIDA. WHEN ASKED WHAT HAPPENED, HE INFORMED ME OF THE EVENTS THAT OCCURRED. IN SPEAKING WITH THE DEFENDANT, I OBSERVED HIS EYES TO BE BLOOD SHOT AND WATERY, HIS SPEECH TO BE SLOW AND SLURRED AND I COULD SMELL A STRONG ODOR OF A CONSUMED ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I THEN WENT TO THE VICTIM AND IDENTIFIED HIM BY HIS VALID FLORIDA DRIVERâS LICENSE (S365766834580) AS MR ROBERT F STRONG OF CRYSTAL RIVER, FLORIDA. I ASKED THE VICTIM WHAT HAPPENED, AND HE INFORMED ME OF THE EVENTS AS THEY OCCURRED. AFTER OBTAINING THE INFORMATION IN REFERENCE TO THE CRASH THAT I NEEDED TO COMPLETE THE CRASH INVESTIGATION, I RETURNED TO MY PATROL VEHICLE AND COMPLETED MY INVESTIGATION. I THEN RETURNED TO MR STRONG/VICTIM, GAVE HIM HIS CRASH PAPERWORK AND RETURNED TO MY PATROL VEHICLE. I THEN WENT TO THE DEFENDANT AT 0821 HOURS AND I INFORMED HIM THAT I HAD COMPLETED MY CRASH INVESTIGATION AND WAS NOW CONDUCTING A DUI INVESTIGATION. I READ HIM MIRANDA WARNINGS FROM MY DEPARTMENT ISSUED MIRANDA CARD. AT THAT TIME, HE INDICATED THAT HE UNDERSTOOD HIS RIGHTS AS I READ THEM TO HIM, STATED HE HAD NOT PREVIOUSLY SPOKEN TO AN ATTORNEY AND THAT HE WAS NOT WILLING TO SPEAK WITH ME. I THEN ASKED THE DEFENDANT IF HE WAS WILLING TO PERFORM SOME FIELD SOBRIETY TESTS, TO WHICH HE REFUSED. THE DEFENDANT WAS SUBSEQUENTLY ARRESTED FOR DRIVING UNDER THE INFLUENCE ON TODAYâS DATE AT 0832 HOURS. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEATED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY IN LECANTO, FLORIDA. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS ASKED IF HE WAS WILLING TO SUBMIT A SAMPLE OF HIS BREATH FOR THE DETERMINATION OF ALCOHOL CONTENT WHICH HE REFUSED TO DO. THE DEFENDANT WAS THEN READ IMPLIED CONSENT WARNINGS AT 0940 HOURS, AT WHICH TIME HE STILL REFUSED TO SUPPLY THE REQUESTED SAMPLE. THE DEFENDANT WAS SUBSEQUENTLY BOOKED IN TO THE CITRUS COUNTY DETENTION FACILITY FOR THE CHARGES LISTED IN THIS DOCUMENT, WHERE HIS BOND WAS SET AT , PER THE BOND SCHEDULE. |