| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR07004863) 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 AND DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34 AND DID REFUSE TO SUBMIT TO A BREATH ALCOHOL TEST TO DETERMINE THE BLOOD ALCOHOL CONTENT, IN VIOLATION OF FLORIDA STATE STATUTE 316.1939. ON 090207, AT APPROXIMATELY 0605 HOURS, THIS DEPUTY WAS LOCATED AT THE KANGAROO EXPRESS AT EDEN DRIVE AND HIGHWAY 41. AT THAT TIME, I OBSERVED A SILVER ACURA WITH RIGHT FRONT END DAMAGE IN THE RIGHT FRONT HEAD LIGHT ASSEMBLY DRAGGING THE GROUND, COME TO A STOP AT THE RED LIGHT AT HIGHWAY 41 AND EDEN DRIVE. WHEN THE LIGHT TURNED GREEN THE VEHICLE SAT AT THE LIGHT FOR APPROXIMATELY TEN SECONDS AND THEN PULLED AWAY. IT DRIFTED OUT OF THE LEFT HAND LANE, ACROSS THE LINE AND ALMOST STRUCK THE MEDIAN. THE VEHICLE ALSO HAD ITS RIGHT TAIL LIGHT OUT. I PULLED IN BEHIND THE VEHICLE, ACTIVATING MY BLUE LIGHTS AND SIREN. THE VEHICLE CONTINUED SOUTHBOUND ON HIGHWAY 41, FAILING TO MAINTAIN A SINGLE LANE, TRAVELING ALL THE WAY FROM THE LEFT HAND LANE, IN TO THE RIGHT HAND LANE ACROSS A SOLID WHITE LINE AND THEN TRAVELING BACK AGAIN ACROSS THE LEFT HAND LANE, ACROSS THE SOLID LINE. THE VEHICLE WAS PROCEEDING AT APPROXIMATELY 40 MILES PER HOUR. I CHANGED THE AUDIBLE TONE ON MY SIREN SEVERAL TIMES AND WAS APPROXIMATELY FIFTY FEET BEHIND THE VEHICLE. THE VEHICLE ALMOST CAME TO A COMPLETE STOP AT AIRPORT ROAD AND HIGHWAY 41, BUT THEN STARTED AGAIN AND CONTINUED DOWN TO SOUTH FLORIDA AVENUE. THE DRIVER/DEFENDANT PULLED IN TO THE NORTHBOUND TURN LANE IN TO ONCOMING TRAFFIC AND FINALLY STOPPED. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, AT WHICH TIME, I ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT WAS DISORIENTED AND COULD NOT LOCATE ANY OF THE THREE ITEMS ASKED FOR. I ASKED HIM A SECOND TIME BECAUSE HE HAD STOPPED LOOKING AND WAS JUST SITTING IN THE SEAT, HE TURNED BACK AND LOOKED AT ME AND STATED, "I'VE HAD ONLY A FEW BEERS." I DETECTED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I ASKED HIM TO STEP FROM THE VEHICLE AND PERFORM FIELD SOBRIETY TASKS, TO WHICH HE AGREED. WHEN THE DEFENDANT EXITED THE VEHICLE, HE HANDED ME A FLORIDA IDENTIFICATION CARD. AS HE EXITED THE VEHICLE HE HAD TO HOLD ON TO THE VEHICLE WITH BOTH HANDS TO WALK TO THE REAR OF THE VEHICLE. HE HAD A LEFT TO RIGHT SWAY OF APPROXIMATELY FOUR INCHES AND WAS HAVING DIFFICULTY MAINTAINING HIS BALANCE. THE DEFENDANT PERFORMED VERY POORLY ON ALL THREE STANDARDIZED FIELD SOBRIETY EXERCISES, HAD BLOOD SHOT, GLASSY, WATERY EYES AND DIFFICULTY STANDING. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. A RECORDS CHECK REVEALED HIS DRIVER'S LICENSE WAS SUSPENDED INDEFINITELY FOR FAILURE TO PAY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT'S BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
