Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR07100075) 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(2)(B) AND DID REFUSE TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, BLOOD OR URINE FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD, IN VIOLATION OF FLORIDA STATE STATUTE 316.1939. ON 102707 AT APPROXIMATELY 2358 HOURS, I OBSERVED A BEIGE CHRYSLER PT CRUISER BEARING FLORIDA TAG X51-KMD BEING OPERATED BY THE DEFENDANT, MR JOHN W DALRYMPLE LATER IDENTIFIED BY HIS FLORIDA IDENTIFICATION CARD, FAILING TO MAINTAIN A SINGLE LANE WHILE TRAVELING SOUTHBOUND ON SOUTH FLORIDA AVENUE. AS THE VEHICLE APPROACHED INVERNESS BOULEVARD, IT CROSSED THE WHITE LINE ON THE RIGHT SIDE OF THE ROAD THREE TIMES, STOPPED SHORT OF THE INTERSECTION BY APPROXIMATELY TWENTY FEET, STAYED THERE FOR APPROXIMATELY TWENTY SECONDS, DROVE FORWARD AND MADE A RIGHT HAND TURN ONTO INVERNESS BOULEVARD. THE DRIVER VEERED TO THE LEFT WHILE MAKING THE RIGHT HAND TURN, DRIVING THE VEHICLE COMPLETELY INTO THE LEFT HAND LANE. I ACTIVATED MY OVERHEAD LIGHTS AND SIREN. THE DRIVER STOPPED IN THE LEFT HAND LANE, PULLED FORWARD APPROXIMATELY TWENTY FEET, TURNED RIGHT INTO THE STRIP PLAZA, PULLED DIAGONALLY ACROSS THE PARKING LANE AND STOPPED ACROSS THE PARKING LANE. I APPROACHED THE VEHICLE AND ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. HE STATED "I DO NOT HAVE A DRIVER'S LICENSE, IT'S SUSPENDED." HE ALSO STATED THE VEHICLE WAS NOT HIS AND HE DID NOT KNOW WHERE THE REGISTRATION CERTIFICATE OR INSURANCE CARD WAS LOCATED. I DETECTED A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I ASKED HIM IF HE HAD BEEN DRINKING, TO WHICH HE REPLIED YES. I ASKED HIM IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE REPLIED "I WILL GIVE IT A TRY.” HE PERFORMED VERY POORLY ON ALL FIELD SOBRIETY TASKS. HE PERFORMED SO POORLY ON THE ONE LEG STAND TASK THAT THE TASK HAD TO BE STOPPED FOR HIS SAFETY. HE WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR CONTROLLED SUBSTANCE. HE WAS ALSO ARRESTED FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED, KNOWINGLY (DWLS/R.) HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE REGISTERED OWNER'S DAUGHTER. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. HE WAS ALSO CHARGED WITH DRIVING WHILE LICENSE SUSPENDED/REVOKED, ALSO WITH A $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 9430-XAI, WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8157-FGW, FOR FAILURE TO MAINTAIN A SINGLE LANE, UNIFORM TRAFFIC CITATION NUMBER 8158-FGW, FOR STOPPING ON THE ROADWAY. HE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8159-FGW, FOR REFUSAL TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH, BLOOD OR URINE AND UNIFORM TRAFFIC CITATION NUMBER 8160-FGW, FOR DWLS, KNOWINGLY. *NOT-EXEMPT* |