| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR08105398) 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 092508, I RESPONDED TO A TRAFFIC STOP WHICH HAD BEEN CONDUCTED BT DEPUTY CARRERAS. THE TRAFFIC STOP WAS CONDUCTED ON COUNTY ROAD 486 JUST WEST OF COUNTY ROAD 491. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY CARRERAS WHO I HAD PREVIOUSLY SPOKEN WITH ON THE TELEPHONE, REFERENCE THIS TRAFFIC STOP. IT SHOULD BE NOTED DEPUTY CARRERAS WAS IN AN UNMARKED PATROL VEHICLE WHICH DID NOT HAVE A REAR SEAT CAGE. DEPUTY CARRERAS ADVISED PRIOR TO MY ARRIVAL THAT THE INDIVIDUAL HE HAD STOPPED APPEARED TO BE HEAVILY INTOXICATED. DEPUTY CARRERAS ADVISED HE HAD STOPPED THE DEFENDANT DRIVING HIS VEHICLE FOR IMPROPER CHANGE OF LANE AT THE INTERSECTION OF COUNTY ROAD 486 AND COUNTY ROAD 491 AND FOR WEAVING PRIOR TO CUTTING OFF THE VEHICLE ON THE IMPROPER CHANGE OF LANE WHICH occurred ON COUNTY ROAD 491 JUST BEFORE THE TRAFFIC SIGNAL AT COUNTY ROAD 486. I MADE CONTACT WITH THE DRIVER/DEFENDANT WHO WAS IDENTIFIED BY HIS TEXAS DRIVER'S LICENSE AS MR JOHN B CALLAHAN. UPON MAKING CONTACT WITH the DEFENDANT, WHO WAS SEATED IN the DRIVER SEAT OF THE VEHICLE, I COULD SMELL A HEAVY ODOR OF ALCOHOL EMANATING FROM THE DEFENDANT'S BREATH. THE DEFENDANT HAD GLASSY, BLOODSHOT EYES. I ALSO SMELLED THE ODOR OF MARIJUANA COMING FROM THE INTERIOR OF THE VEHICLE. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE WHICH HE DID. HE APPEARED TO BE SOMEWHAT UNSTEADY ON HIS FEET BUT WAS ABLE TO STAND. I ASKED THE DEFENDANT IF HE HAD HAD ANYTHING TO DRINK, TO WHICH HE ADVISED HE HAD CONSUMED EIGHT TO TEN BEERS AND HAD STARTED DRINKING BETWEEN 2030 HOURS AND 2100 HOURS. 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 HE DID NOT AND WENT ON TO STATE THAT HE WOULD NOT PERFORM FIELD SOBRIETY TASKS. IT WAS THEN EXPLAINED TO THE DEFENDANT THAT BASED ON MY EXPERIENCE, THE DEFENDANT'S OVERALL DEMEANOR AND HIS OBVIOUS IMPAIRMENT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND ASSISTED TO MY PATROL VEHICLE. SHORTLY THEREAFTER, HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO BEING TRANSPORTED, THE DEFENDANT WAS ADVISED OF HIS MIRANDA WARNINGS VIA CARD, TO WHICH HE NEVER GAVE A RESPONSE AS TO WHETHER HE WOULD OR WOULD NOT SPEAK WITH ME. HOWEVER, THE DEFENDANT CONTINUED TO CONVERSE WITH ME DURING THE ENTIRE RIDE TO THE DETENTION FACILITY. HE WAS ADVISED OF HIS IMPLIED CONSENT, TO WHICH HE REFUSED. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS AGAIN OFFERED SOBRIETY TASKS AS WELL THE INTOXILYZER BUT AGAIN REFUSED. WHILE AT THE DETENTION FACILITY, I ASKED THE DEFENDANT, UNDER IMPLIED CONSENT, TO PROVIDE A URINE SAMPLE BASED ON THE ODOR EMANATING FROM HI S VEHICLE AT THE SIGHT OF THE PRIMARY TRAFFIC STOP. THE DEFENDANT REFUSED TO GIVE A URINE SAMPLE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM DUI TRAFFIC CITATION, CITATION NUMBER 4086-XDX, INDICATING HIS REFUSAL, WITH A MANDATORY COURT APPEARANCE DATE OF 101608 AT 1300 HOURS. DEPUTY CARRERAS ISSUED THE DEFENDANT A CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING NUMBER 219093B, PRIOR TO LEAVING THE SCENE. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. IT SHOULD BE NOTED THAT DEPUTY CARRERAS REMAINED WITH THE DEFENDANT'S VEHICLE UNTIL ADAM'S TOWING ARRIVED AT THE SCENE TO TOW THE VEHICLE. IT SHOULD ALSO BE NOTED THAT FROM THE TIME OF MY ARRIVAL AT THE SIGHT OF THE TRAFFIC STOP UNTIL THE MOMENT OF ARRIVAL AT THE DETENTION FACILITY, THE TRAFFIC STOP WAS CAPTURED ON VIDEO AND AUDIO, BY MY IN-CAR SYSTEM. *NOT-EXEMPT* |
