| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301(AR15-14228) 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(1). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 1.5 GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 031315, I WAS TRAVELING SOUTHBOUND ON HIGHWAY 19 IN THE LEFT HAND TURN LANE TO PULL IN TO THE BANK OF AMERICA PARKING LOT, LOCATED AT 4395 SOUTH SUNCOAST BOULEVARD. AS I TURNED IN TO THE DRIVEWAY OF THE BANK, I NOTICED A WHITE SPORTS UTILITY VEHICLE (SUV) TURNING LEFT AT THE SOUTH SIDE OF THE BANK, TOWARDS THE REAR OF THE BANK. AS I CONTINUED INTO THE PARKING LOT, I OBSERVED THE WHITE SUV PULL AROUND TO THE NORTH SIDE OF THE BANK FROM THE REAR OF THE BANK. THE VEHICLE WAS IN THE LANE OF TRAVEL, WHICH PASSES BY THE AUTOMATED TELLER MACHINE (ATM). I OBSERVED THE WHITE SUV TO HIT THE CURB NEAR THE ATM. THE VEHICLE THEN PROCEEDED OUT OF THE PARKING LOT AND ONTO HIGHWAY 19, TURNING NORTHBOUND. I EXITED THE PARKING LOT OF THE BANK AND FOLLOWED THE VEHICLE NORTHBOUND ON HIGHWAY 19. AS I APPROACHED THE WHITE SUV, BEARING FLORIDA LICENSE PLATE H002UV, I OBSERVED IT TO BE SWERVING IN THE RIGHT LANE OF THE NORTHBOUND SIDE OF HIGHWAY 19. AT ONE POINT, THE VEHICLE DROVE LEFT OF THE BROKEN WHITE LINES THAT SEPARATE THE TWO NORTHBOUND LANES OF TRAVEL; TRAVELING MORE THAN A FULL TIRE LENGTH INTO THE LEFT LANE. THE VEHICLE THEN CORRECTED TO THE RIGHT AND TOUCHED THE FOG LINE. AT THAT TIME, I INITIATED MY EMERGENCY OVERHEAD LIGHTS IN AN ATTEMPT TO CONDUCT A TRAFFIC STOP ON THE VEHICLE AT APPROXIMATELY 0333 HOURS. THE VEHICLE CAME TO REST IN THE PARKING LOT OF 3029 SOUTH SUNCOAST BOULEVARD. I EXITED MY PATROL VEHICLE AND MADE CONTACT WITH THE DRIVER, WHO WAS ALONE IN THE VEHICLE. THE DRIVER WAS A WHITE MALE, LATER IDENTIFIED AS MR JASON WILLIAM SANDERS (DEFENDANT). I IDENTIFIED MYSELF AND ADVISED HIM OF THE REASON FOR THE TRAFFIC STOP. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE, TO WHICH HE REPLIED HE DID NOT HAVE HIS DRIVER'S LICENSE. I NOTICED THE DEFENDANT HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ALSO NOTICED THAT HIS SPEECH WAS SLURRED, HE WAS MOVING VERY SLOWLY, HIS HEAD SWAYED FROM THE LEFT AND DOWN AND TO THE RIGHT AS HE POINTED TO THE GLOVE BOX. I THEN ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOL RECENTLY AND HE REPLIED ââYEAH.ââ I ASKED HIM HOW MUCH ALCOHOL HE CONSUMED, TO WHICH HE REPLIED, ââTOO MUCH.ââ I ASKED THE DEFENDANT AGAIN HOW MUCH HE HAD CONSUMED AND HE AGAIN REPLIED, ââTOO MUCH.ââ AT THAT TIME, I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND AS HE DID, HE LEANED FORWARD AND STUMBLED PAST THE DRIVER DOOR. HE THEN RECOVERED, STUMBLING BACKWARDS UNTIL HE LEANED AGAINST THE VEHICLE. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM AND HE STATED, ââTHE TIPSY FROG.ââ THE DEFENDANTâS SPEECH WAS STILL SLURRED. I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL LIMITATIONS THAT WOULD PREVENT HIM FROM PERFORMING FIELD SOBRIETY EXERCISES AND HE REPLIED NO. I THEN ASKED IF HE WOULD PERFORM THE EXERCISES, TO WHICH HE REPLIED, ââIâM NOT GOING TO DO THAT.ââ I INFORMED THE DEFENDANT THAT I BELIEVED HE WAS UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. I NOTIFIED THE DEFENDANT THAT HE WOULD BE PLACED UNDER ARREST FOR SUSPICION OF DRIVING UNDER THE INFLUENCE. I THEN READ THE DEFENDANT HIS IMPLIED CONSENT WARNINGS, REQUESTING THAT HE SUBMIT TO A BREATH TEST. THE DEFENDANT STATED, ââNOT DOING THAT EITHER.ââ HE THEN TURNED HIS BACK TOWARDS ME AND PLACED HIS HANDS BEHIND HIS BACK. I HANDCUFFED THE DEFENDANT AND INFORMED HIM OF HIS MIRANDA RIGHTS, AT WHICH TIME THE DEFENDANT STOPPED TALKING. AS I SEARCHED THE DEFENDANT, I LOCATED HIS WALLET IN THE LEFT REAR POCKET OF HIS PANTS. AS I OPENED THE WALLET TO LOOK FOR A FORM OF IDENTIFICATION, I SAW A PLASTIC BAGGIE WITH A GREEN LEAFY SUBSTANCE, WHICH BASED ON MY TRAINING AND EXPERIENCE, ALONG WITH THE ODOR I BELIEVED TO BE MARIJUANA. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. I ASKED THE DEFENDANT TO PROVIDE ME THE PHONE NUMBER OF THE REGISTERED OWNER OF THE VEHICLE. UPON CALLING THE PHONE NUMBER THAT HE PROVIDED, NO ONE ANSWERED. I THEN NOTICED A COORS LIGHT BEER CAN, LOCATED ON THE PASSENGER SEAT OF THE VEHICLE. THE BEER CAN WAS OPENED, WITH THE OPENING FACING THE DERIVERâS SEAT. THE BEER CAN AND MARIJUANA WERE COLLECTED. THE VEHICLE WAS LEFT ON SCENE WITH ANOTHER DEPUTY TO BE TOWED. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A $1,000.00 BOND, AND POSSESSION OF CANNABIS (LESS THAN 20 GRAMS), WITH A $1,000.00 BOND. THE DEFENDANTâS TOTAL BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE TRAFFIC CITATION, CITATION NUMBER 031204W5, FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 8564GJXX, FOR OPEN CONTAINER. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT BECAME AGITATED AND AT ONE POINT YELLED AT THE DEPUTIES; STATING, ââYOU GUYS KNOW YOU DRINK AND DRIVE, SO WHY AM I GOING TO JAIL FOR THE SAME THING.ââ THE DEFENDANT WAS ADVISED THAT HE WOULD BE CHARGED WITH POSSESSION OF MARIJUANA AND ISSUED A CITATION FOR OPEN CONTAINER. THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF. I RECEIVED A REFUSAL FORM FROM THE CITRUS COUNTY DETENTION FACILITY STAFF FOR THE BREATH TEST OF THE DEFENDANT. |
