| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, CHRISTOPHER 0696 (AR12124221) 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(1); AND did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2). ON 010312, I WAS DISPATCHED TO THE AREA OF HIGHWAY 44 EAST IN REFERENCE TO A POSSIBLE HIT AND RUN. A CONCERNED COMPLAINANT HAD CALLED THE SHERIFF'S OFFICE WHO WAS BEHIND A WHITE MUSTANG THAT HAD POSSIBLY BEEN IN A PREVIOUS MOTOR VEHICLE ACCIDENT IN SUMTER COUNTY. AS I BOLO'D EASTBOUND ON HIGHWAY 44 I WITNESSED A HEADLIGHT OUT ON THE DRIVER'S SIDE ON A WHITE 2-DOOR CAR. I THEN TURNED MY VEHICLE AROUND AND PERFORMED A TRAFFIC STOP JUST WEST OF THE INTERSECTION OF HIGHWAY 44 AND SOUTH COVE POINT. I ALSO NOTICED THE REAR BUMPER WAS PARTIALLY OFF ON THE PASSENGER'S SIDE. DURING MY INITIAL TRAFFIC STOP THE DRIVER ATTEMPTED TO EXIT THE VEHICLE ON THE DRIVER'S SIDE, WHICH WAS MET WITH NEGATIVE RESULTS DUE TO THE FRONT END DAMAGE. HE THEN CLIMBED OVER INTO THE PASSENGER'S SEAT AND ATTEMPTED TO EXIT THE VEHICLE, AT WHICH TIME, I APPROACHED THE DRIVER AND ORDERED HIM TO STAY INSIDE HIS VEHICLE. DURING MY INITIAL CONTACT WITH THE DRIVER/DEFENDANT, MR JAY SWART, I COULD DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON, HIS SPEECH APPEARED TO BE SLURRED AND HE APPEARED TO BE GROGGY. I ASKED THE DEFENDANT TO EXIT THE VEHICLE SO I COULD CONDUCT A PAT-DOWN FOR ANY POSSIBLE WEAPONS DUE TO BOLO FOR HIT AND RUN. AT THAT TIME HE WAS STAGGERING AND UNSTEADY ON HIS FEET. AFTER CONDUCTING PAT-DOWN, HE WAS SAT BACK DOWN INSIDE THE VEHICLE. I THEN ASKED HIM FOR HIS DRIVER'S LICENSE AND REGISTRATION AND INSURANCE CARD, AT WHICH TIME THE DEFENDANT STILL APPEARED TO BE INCOHERENT. I ASKED THE DRIVER IF HE HAD BEEN DRINKING OR DOING ANY ILLEGAL NARCOTICS, TO WHICH HE STATED HE HAD NOT BEEN DRINKING AND HE HAD DONE SOME ILLEGAL NARCOTICS BUT WOULD NOT ELABORATE ON WHAT OR TO WHAT EXTENT. HE THEN STATED HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM AND RETRIEVED THE REGISTRATION FROM THE GLOVE BOX ON THE PASSENGER'S SIDE. I THEN ASKED FOR HIS NAME, DATE OF BIRTH AND HIS SOCIAL SECURITY NUMBER. I QUESTIONED HIM ABOUT THE DAMAGE TO THE VEHICLE, TO WHICH HE STATED HE HAS HAD A BAD NIGHT. I ASKED HIM IF HE WAS THE OWNER OF THE VEHICLE, TO WHICH HE STATED NO, IT WAS HIS DAUGHTER'S. I THEN MADE CONTACT WITH TELETYPE TO RUN HIS IDENTIFICATION USING THE INFORMATION HE PROVIDED. I USED "DAVID" IN MY PATROL VEHICLE TO OBTAIN A PHOTO IN REFERENCE TO HIS INFORMATION. TELETYPE ADVISED HIS DRIVER'S LICENSE HAD BEEN SUSPENDED DUE TO A PRIOR DRIVING UNDER THE INFLUENCE (DUI). I HAD DISPATCH NOTIFY SUMTER COUNTY THAT I HAD STOPPED THE POSSIBLE SUSPECT'S VEHICLE. I ALSO ADVISED THEM THAT I WOULD BE ARRESTING MR SWART DUE TO DRIVING WHILE LICENSE SUSPENDED/REVOKED (DWLS/R). I THEN MADE CONTACT WITH MR SWART AND ADVISED HIM I WOULD BE CONDUCTING FIELD SOBRIETY EXERCISES, AT WHICH TIME, HE REFUSED. MR SWART WAS THEN DETAINED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. I NOTIFIED TELETYPE WHILE EN ROUTE TO HAVE A BREATHALYZER TEST OPERATOR NOTIFIED TO PREPARE FOR A POSSIBLE DUI. TELETYPE ALSO DISPATCHED THE NEXT ROTATION WRECKER (SCALLY'S TOWING) TO RESPOND TO MY LOCATION. A TOW SHEET WAS FILLED OUT AND SIGNED. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO MICHELE CZECHOWSKI TO PERFORM BREATH TESTS FOR DUI. UPON HER INVESTIGATION, MR SWART REFUSED THE BREATH TEST, BLOOD AND URINE. A PHOTOCOPY OF THE AFFIDAVIT WAS TURNED IN TO RECORDS. I CONTACTED THE PASCO COUNTY CLERK OF COURTS TO INVESTIGATE THE DEFENDANT'S PRIOR DUI CONVICTION, WHICH REVEALED THAT HE WAS CONVICTED "GUILTY" REFERENCE CASE NUMBER 072213SLBTES. THE DEFENDANT WAS ISSUED A CITATION FOR DWLS/R, CITATION NUMBER 6954GQFX WITH A MANDATORY COURT DATE OF 011912 AT 1300 HOURS. HE WAS ALSO ISSUED A CITATION FOR DUI, CITATION NUMBER 6956-GQF1. IT WAS NOTED ON CITATION THAT HE REFUSED. HIS COURT DATE WAS SET FOR 011912 AT 1300 HOURS. HE WAS ISSUED A CITATION FOR UNSAFE AND DEFECTIVE EQUIPMENT REFERENCE TO HIS DRIVER'S SIDE HEADLIGHT, CITATION NUMBER 6955-GQFX. ALL CITATIONS WERE GIVEN TO THE DEFENDANT AT THE JAIL AFTER HE WAS THUMB PRINTED DUE TO THE FACT HE DID NOT HAVE ANY IDENTIFICATION WITH HIM. THE DEFENDANT'S TOTAL BOND WAS SET AT $11,000.00, PER THE BOND SCHEDULE. I MADE CONTACT WITH THE VEHICLE'S OWNER AND ADVISED HER OF THE VEHICLE'S LOCATION AND WHERE IT WAS BEING TOWED TO. "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* |
