| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, JASON 0583 (AR10117194) 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). ON 100310 AT APPROXIMATELY 0022 HOURS I WAS ADVISED BY ANOTHER DEPUTY THAT THERE WAS A SUSPICIOUS VEHICLE AT THE END OF EAST BEECH COURT AT THE CUL-DE-SAC, WHICH HAD ITS LIGHTS OFF. IT SHOULD BE NOTED THAT THERE IS A LOT OF ILLEGAL ACTIVITY AND DRUG USAGE THAT GO ON AT THE END OF THIS ROAD, DUE TO THE FACT THAT IS A WOODED AREA AND IS UNPOPULATED. UPON MY ARRIVAL AT 0030 HOURS, WHEN I TURNED DOWN EAST BEECHER COURT, I OBSERVED THIS VEHICLE'S HEADLIGHTS SUDDENLY TURN ON. AT WHICH TIME I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND PULLED DIRECTLY IN FRONT OF THE DEFENDANT'S VEHICLE. I THEN EXITED MY VEHICLE AND MADE CONTACT WITH THE DEFENDANT, MR JASON SAVAGE, WHO WAS THE ONLY PERSON INSIDE THE VEHICLE AND HE WAS SITTING IN THE DRIVER SEAT, WITH THE VEHICLE RUNNING. AFTER MAKING CONTACT WITH MR SAVAGE, I ADVISED HIM TO TURN HIS VEHICLE OFF, WHERE I THEN ASKED HIM IF HE COULD PROVIDE ME WITH ANY TYPE OF IDENTIFICATION, IN WHICH HE STATED YES AND PROVIDED ME WITH HIS FLORIDA DRIVER'S LICENSE. I THEN ASKED MR SAVAGE WHAT HE WAS DOING AT THE END OF THE STREET, WHERE HE ADVISED HE WAS PICKING UP TRASH. I THEN ASKED MR SAVAGE WHERE THE TRASH WAS THAT HE HAD BEEN PICKING UP, IN WHICH HE ADVISED THAT HE HAD NOT PICKED ANY UP JUST YET. I THEN ASKED MR SAVAGE IF WAS DOING ANYTHING ILLEGAL SUCH AS USING DRUGS, WHERE HE ADVISED NO. I THEN ASKED MR SAVAGE IF HE WOULD HAVE A PROBLEM WITH ME SEARCHING HIS VEHICLE, WHERE HE REPLIED "YES THAT IS A VIOLATION OF MY CIVIL RIGHTS". MR SAVAGE THEN BEGAN ACTING VERY NERVOUS AND JUST BEGAN RAMBLING ON WITH VARIOUS STATEMENTS SUCH AS "ALL I WAS DOING IS SITTING HERE PICKING UP TRASH AND THE COPS WANT TO COME AND FUCK WITH ME". WHILE MR SAVAGE WAS MAKING THESE STATEMENTS I THEN REQUESTED K-9 DEPUTY ROWAND TO RESPOND TO MY LOCATION. WHILE WAITING FOR DEPUTY ROWAND'S ARRIVAL, I ASKED MR SAVAGE IF HE HAD BEEN DOING ANY ILLEGAL NARCOTICS OR DRUGS TODAY, IN WHICH HE ADVISED NO, BUT THAT HE HAD BEEN SMOKING AN HERBAL ESSENCE THAT HE BOUGHT FROM WASABI SMOKE SHOP AND THAT IT WAS LEGAL FOR HIM TO SMOKE IT. AT THAT TIME DEPUTY ROWAND THEN ARRIVED ON SCENE, WHERE HE CONDUCTED AN EXTERIOR SNIFF OF MR SAVAGE'S VEHICLE USING HIS K-9 PARTNER TUCK. DEPUTY ROWAND ADVISED ME THAT HIS K-9 PARTNER DID NOT ALERT ON MR SAVAGE'S VEHICLE. AT THAT TIME I THEN HAD MR SAVAGE STEP OUT OF HIS VEHICLE, WHERE I ASKED HIM IF HE WOULD BE WILLING TO CONDUCT FIELD SOBRIETY TASKS, WHICH HE STATED HE WOULD BE WILLING TO PERFORM THESE TASKS. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT FAILED TO KEEP HIS HEAD STILL TO THE POINT WHERE THE TASK COULD NOT BE COMPLETED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE AND ON STEPS ONE TWO AND THREE THE DEFENDANT ALSO FAILED TO KEEP HIS HANDS DOWN BY HIS SIDE. THROUGHOUT THE FIRST ONE THROUGH NINE STEPS, THE DEFENDANT ALSO FAILED TO TURN AROUND SMOOTHLY, USING ONLY THREE STEPS. ON THE DEFENDANT'S LAST NINE STEPS BACK TO THE STARTING POINT, HE FAILED TO KEEP HIS ARMS AT HIS SIDE ON STEPS FOUR THROUGH NINE. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TAKE HIS HAND BACK TO THE STARTING POSITION AND WAS REPEATEDLY CORRECTED ON HIS DEFICIENCY IN COMPLETING THIS TASK. TASK FOUR, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RHYMED THE LETTERS H THROUGH N AND THEN SKIPPED TO THE LETTERS XY, THEN STATED THE LETTERS NYZ. WITH THE DEFENDANT FAILING ALL FOUR TASKS, HE WAS THEN ADVISED TO TURN AROUND AND PUT HIS HANDS AROUND HIS BACK, WHERE HE WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, WHERE HE WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNING AND HIS IMPLIED CONSENT WARNING FROM A PRE-PRINTED CARD, IN WHICH HE ADVISED THAT HE WOULD PROVIDE ALL NECESSARY SPECIMENS. THE DEFENDANT'S VEHICLE WAS THEN TOWED BY TONY'S BODY SHOP AND TOWING. AFTER THE DEFENDANT'S VEHICLE BEING TOWED I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS THEN TURNED OVER TO CORRECTIONAL OFFICER C FARIS, WHO ADMINISTERED THE BREATH ALCOHOL TEST WHERE IT REVEALED THAT BOTH SAMPLES CAME BACK WITH A READING OF 0.000. AT THAT TIME THE DEFENDANT WAS THEN ASKED TO GIVE A URINE SAMPLE, WHERE HE ADVISED HE WOULD. THE DEFENDANT WAS THEN PROVIDED WITH THE URINE SPECIMEN CONTAINER IN WHICH THIS DEPUTY OBSERVED THE DEFENDANT TO GIVE A SPECIMEN. THE DEFENDANT WAS ALSO PRESENT DURING ALL PROPER SEALS BEING PLACED ON THIS SPECIMEN BY THIS DEPUTY. AT THAT TIME I THEN HAD THE DEFENDANT SIGN A CITRUS COUNTY SHERIFF'S OFFICE PROPERTY RECEIPT STATING THAT WAS IN FACT HIS URINE SPECIMEN AND THAT HE WAS SIGNING IT OVER TO MY POSSESSION, WHICH WAS LATER TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. AFTER RECEIVING THIS SPECIMEN, THE DEFENDANT WAS ISSUED FLORIDA DUI TRAFFIC CITATION NUMBER 6904-XDO-7, WITH A MANDATORY COURT DATE OF 102110 AT 1300 HOURS. THE DEFENDANT ALSO RECEIVED A $500.00 BOND PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
