| Probable cause affidavit: |
SUBMITTED BY: YOX, SHANE D10 (AR12-3790) THE DEFENDANT 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(2)(B)(1) AND THE DEFENDANT DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, THIRD OR SUBSEQUENT OFFENSE, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C). ON 121012 AT 2110 HOURS, I OBSERVED A WHITE IN COLOR FOUR DOOR OLDSMOBILE VEHICLE BEARING FLORIDA TAG 117-MMY IN FRONT OF MY PATROL VEHICLE. UPON RUNNING THE TAG IN THE D.A.V.I.D. SYSTEM, THE TAG CAME BACK SHOWING THE DRIVER/REGISTERED OWNER HAVING A SUSPENDED DRIVERâS LICENSE. THE DRIVER OF THE VEHICLE MATCHED THE DESCRIPTION OF THE REGISTERED OWNER, AT WHICH TIME I CONDUCTED A TRAFFIC STOP. UPON MAKING CONTACT WITH THE DRIVER, HE STATED HE DID NOT HAVE A DRIVERâS LICENSE AND COULD ONLY GIVE ME HIS TENNESSEE IDENTIFICATION CARD, IDENTIFYING HIM AS THE DEFENDANT, MR JASON BATES. THIS INFORMATION WAS RUN THROUGH AND VERIFIED BY MARION COUNTY SHERIFFâS OFFICE TELETYPE. THE DEFENDANT HAD BLOODSHOT EYES AND THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. CORPORAL ARNOLD AND OFFICER ANGER THEN ARRIVED ON SCENE TO ASSIST. CORPORAL ARNOLD REQUESTED THAT THE DEFENDANT EXIT HIS VEHICLE, AT WHICH TIME HE DID SO. I OBSERVED AN OPEN CAN OF STEELE RESERVE BEER, WHICH WAS HALF EMPTY AND COLD TO THE TOUCH, IN THE FRONT CUP HOLDER BETWEEN THE DRIVER AND PASSENGER SEATS. CORPORAL ARNOLD ASKED THE DEFENDANT IF HE HAD BENN DRINKING ANY ALCOHOLIC BEVERAGES TONIGHT, TO WHICH THE DEFENDANT STATED âYES, I HAVE BEEN DRINKING FOR TWO WEEKS STRAIGHT.â CORPORAL ARNOLD ASKED THE DEFENDANT TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR SAFELY, TO WHICH THE DEFENDANT DECLINED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY SCALLYâS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA 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 WITH A $5,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH A $2,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 0243-XDUX, AND A CRIMINAL CITATION FOR DRIVING WHILE LICENSE SUSPENDED, CITATION NUMBER 5952-GPDX, BOTH WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5953-GPDX, FOR OPEN CONTAINER, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
