| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR08104444) 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)(a); AND 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 UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DOYLE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT CHANGED SEATS WITH THE FRONT SEAT PASSENGER WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 073008, I WAS FOLLOWING A 1994 BLUE CHEVY CAVILER EASTBOUND ON GROVER CLEVELAND BOULEVARD. I NOTICED THAT THE VEHICLE WAS WEAVING IN ITS LANE AND KEPT CROSSING THE CENTER LINE. AT THAT TIME, I COULD SEE A MALE SILHOUETTE IN THE DRIVERS SEAT A FEMALE SILHOUETTE IN THE FRONT PASSENGER SEAT AND ANOTHER MALE SILHOUETTE IN the RIGHT REAR PASSENGER SEAT. WHILE FOLLOWING THE VEHICLE IT HAD CROSSED THE CENTER LINE SEVERAL TIMES AS WELL AS HIT THE OUTSIDE WHITE FOG LINE SEVERAL TIMES. ADDITIONALLY I WITNESSED THE FRONT PASSENGER THROW A LIT CIGARETTE OUT THE FRONT PASSENGER WINDOW. I CONTINUED TO FOLLOW THE VEHICLE AS IT MADE A RIGHT HAND TURN TO GO SOUTH ON COUNTY ROAD 491. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON SAID VEHICLE. THE VEHICLE TURNED RIGHT ONTO LEISURE BOULEVARD AND STOPPED APPROXIMATELY ONE BOCK OFF OF COUNTY ROAD 491. IT SHOULD ALSO BE NOTED THAT MY ONBOARD VIDEO CAMERA HAD BEEN ON DURING THE DURATION OF THE INCIDENT. AFTER THE VEHICLE STOPPED BOTH THE DRIVER AND PASSENGER DOORS OPENED AND I SAW THE DEFENDANT BEGIN TO EXIT THE DRIVERS DOOR. AT THAT TIME, I GOT ON MY PA SYSTEM AN INFORMED THE FRONT SEAT PASSENGER TO SHUT THE DOOR. AS SHE WAS DOING THIS THE DEFENDANT ALSO GOT BACK INTO THE VEHICLE AND SHUT HIS DOOR. WHILE APPROACHING THE VEHICLE I NOTICED THAT THE DEFENDANT AND THE FRONT SEAT FEMALE PASSENGER WERE SWITCHING SEATS IN the FRONT OF THE VEHICLE. IT ALSO APPEARED that THEY WERE HAVING A HARD TIME IN DOING SO DUE to the SIZE OF THE VEHICLE COMPARTMENT. AS I WALKED UP TO THE DRIVERS SIDE THE FEMALE PASSENGER WAS NOW OCCUPYING THAT SEAT. I ASKED HER FOR HER DRIVERS LICENSE AND REGISTRATION. SHE DID PROVIDE ME WITH HER DRIVERS LICENSE. I ALSO ASKED THE PASSENGERS FOR SOME TYPE OF IDENTIFIED. THE REAR PASSENGER PROVIDED ME WITH AN IDENTIFICATION CARD AND THE DEFENDANT STATED that HE DID NOT HAVE HIS ON HIM. I THEN RETURNED TO MY VEHICLE AND RAN A WANTS AND WARRANTS CHECK ON THE FEMALE AND OTHER MALE PASSENGER. I ALSO HAD DISPATCH SEND ANOTHER UNIT AS BACK UP. AFTER DEPUTY SHANNON PHILLIPS ARRIVED I MADE CONTACT WITH THE DEFENDANT WHERE I OBTAINED HIS NAME. AFTER DOING SO I THEN RAN A DRIVERS LICENSE CHECK WHERE IT SHOWED THAT THE DEFENDANT WAS ONLY ISSUED AN IDENTIFICATION CARD AND HAD A PRIOR SUSPENSION ON HIS DRIVERS LICENSE FOR A PRIOR REFUSAL TO SUBMIT IN 2006. I THEN MADE CONTACT AGAIN WITH the DEFENDANT WERE I ASKED HIM TO STEP OUT OF HIS VEHICLE. AT WHICH TIME, HE STATED THAT HE WAS BIPOLAR AND SCHIZOPHRENIC. I ASKED HIM IF HE KNEW THAT HE HAD A SUSPENDED LICENSE AND HE SAID YES. I ALSO INFORMED HIM AT THAT TIME THAT I HAD WITNESSED HIM DRIVING THE VEHICLE AND THEN SWITCH SEATS WITH THE FEMALE PASSENGER. I THEN PLACED THE DEFENDANT UNDER ARREST FOR OPERATING A MOTOR VEHICLE WHILE HIS DRIVERS LICENSE WAS SUSPENDED AND FOR SUSPICION OF DRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. AT THAT TIME, HE WAS HANDCUFFED BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. I THEN READ THE DEFENDANT HIS MIRANDA WARNINGS TO which THE DEFENDANT STARTED TO GET VERY BELLIGERENT SAYING SEVERAL PROFANE WORDS. AFTER READING the DEFENDANT HIS IMPLIED CONSENT WARNING HIS RESPONSE WAS NO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS BOOKED AND PROCESSED. HE WAS TAKEN INTO THE DETENTION FACILITY BY CORRECTIONS OFFICER BYRNES. AT THAT TIME, THE OFFICER ASKED IF HE WOULD SUBMIT TO A BREATH TEST AGAIN TO which THE DEFENDANT STATED NO. THE CORRECTIONS OFFICER ATTEMPTED TO DO THE FIELD SOBRIETY TASKS, WHICH HE WAS UNABLE TO DO DUE TO THE DEFENDANT BEING TOO VIOLENT TO ENTER THE BREATHALYZER ROOM. AT THAT TIME, THE REFUSAL TO SUBMIT TO THE BREATH TEST FORM WAS COMPLETED. THE DEFENDANT'S TOTAL BOND WAS $1,1500.00 PER THE BOND SCHEDULE. HE WAS ALSO ISSUED THE FOLLOWING UNIFORM TRAFFIC CITATION 8377-RHU, FOR KNOWINGLY operation WITH LICENSE SUSPENDED, CANCELED, OR REVOKED REFERENCE DRIVING UNDER THE INFLUENCE WITH MANDATORY COURT DATE OF 082108 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE, 8378-RHU IN REFERENCE TO DRIVER NOT WEARING A SEAT BELT WITH A CIVIL FINE OF $91.00, 8379-RHU IN REFERENCE TO FAILURE TO MAINTAIN A SINGLE LANE WITH A CIVIL FINE OF $141.00 BOTH PAYABLE WITHIN 30 DAYS TO THE CLERK OF THE COURT AND FLORIDA DUI TRAFFIC CITATION 8313-XBD, WITH A MANDATORY COURT DATE OF 082108 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. *NOT-EXEMPT* |
