| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, TODD 0463 (AR09109256) 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. ON 052609 AT APPROXIMATELY 2315 HOURS, I WAS TRAVELING NORTH ON US 41 JUST SOUTH OF INVERNESS BOULEVARD, WHEN I CLOCKED THE DEFENDANT'S VEHICLE TRAVELING 59 MILES PER HOUR (MPH) IN A POSTED 45 MPH ZONE, IN THE SOUTHBOUND INSIDE LANE. I THEN TURNED AROUND AND PROCEEDED TO FOLLOW THE DEFENDANT'S VEHICLE, AND OBSERVED HIM DRIVE OFF THE LEFT SIDE OF THE ROAD TWO TIMES. AT THIS TIME, I ACTIVATED MY OVERHEAD LIGHTS TO CONDUCT THE TRAFFIC STOP. THE DEFENDANT THEN PULLED OVER TO THE RIGHT SIDE OF THE ROAD HITTING THE CURB, THEN RAN OVER TOP OF IT WITH HIS RIGHT WHEELS COMING TO A STOP. I APPROACHED THE DEFENDANT AND IMMEDIATELY OBSERVED AN OPEN CAN OF MILWAUKEE'S BEST BEER BETWEEN THE DEFENDANT'S LEGS. I ASKED THE DEFENDANT TO TURN OFF HIS VEHICLE, AT WHICH TIME HE REACHED FOR THE VEHICLE'S A/C CONTROLLER. I REPEATED FOR HIM TO TURN OFF THE VEHICLE, AT WHICH TIME HE DID. I THEN ASKED THE DEFENDANT TO TURN OFF THE RADIO SO HE COULD HEAR ME, AND HE HAD TROUBLE FINDING THE ON/OFF SWITCH AND SEEMED TO BE CONFUSED. I ASKED THE DEFENDANT IF HE HAD A DRIVER'S LICENSE, TO WHICH HE STATED THAT HE DID NOT HAVE IT ON HIM. I THEN ASKED THE DEFENDANT IF HE HAD HIS DRIVER'S LICENSE, TO WHICH HE STATED THAT HE HAD LEFT IT AT HOME. I ASKED THE DEFENDANT IF IT WAS A VALID LICENSE, TO WHICH HE STATED, NO. THE DEFENDANT THEN UTTERED THAT, HE KNOWS HE'S GOING TO JAIL. I ASKED HIM WHY HE WOULD BE GOING TO JAIL, TO WHICH HE REPLIED, "I'M DRUNK AND DON'T HAVE A LICENSE". I ASKED THE DEFENDANT WHY HE WAS DRIVING IF HE KNEW HE DID NOT HAVE A LICENSE, TO WHICH HE REPLIED, BECAUSE HIS FRIEND WAS TOO DRUNK TO DRIVE. WHEN I POINTED OUT HE JUST TOLD ME THAT HE WAS DRUNK, THE DEFENDANT STATED, "NO, BUT NOT AS BAD AS HIM" POINTING TO THE PASSENGER. AFTER RUNNING THE DEFENDANT THROUGH FCIC/NCIC, I ASKED HIM TO STEP OUT OF THE VEHICLE. WHEN HE DID, HE WAS UNSTEADY ON HIS FEET AND USED THE VEHICLE TO STEADY HIMSELF. I ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY TASKS, WHICH HE REFUSED. DUE TO WHAT I HAD OBSERVED, AND THAT THE DEFENDANT ADVISED ME THAT HE WAS DRUNK, I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND DRIVING WHILE LICENSE SUSPENDED (DWLS). I HANDCUFFED THE DEFENDANT (DOUBLE-LOCKED) BEHIND HIS BACK, AND READ THE DEFENDANT HIS MIRANDA WARNINGS ALONG WITH FLORIDA IMPLIED CONSENT LAW. HE WAS THEN PLACED IN THE BACKSEAT OF MY PATROL VEHICLE. I THEN STARTED WORKING ON THE PAPERWORK, AND WHEN I LOOKED AT THE DEFENDANT, I OBSERVED THAT HE HAD PULLED HIS HANDCUFFS IN FRONT OF HIM AND WAS USING HIS MOUTH IN A WAY THAT IT APPEARED HE WAS TRYING TO REMOVE THE HANDCUFFS. I THEN REMOVED THE DEFENDANT FROM THE PATROL VEHICLE AND ADVISED HIM THAT HE WOULD BE CHARGED WITH AN ATTEMPTED ESCAPE IF HE TRIED THIS AGAIN. THE DEFENDANT WAS RESISTING THIS DEPUTY, AND USED BOTH HANDS WITH A CLOSED FIST TO STRIKE THIS DEPUTY IN THE CHEST. I THEN PLACED THE DEFENDANT AGAINST THE BACK OF THE VEHICLE AND REMOVED HIS HANDCUFFS. THE DEFENDANT WAS AGAIN PLACED IN HANDCUFFS BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE, BATTERY ON A LAW ENFORCEMENT OFFICER, AND DRIVING UNDER THE INFLUENCE (DWLS) KNOWINGLY. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8022-XAD WITH A MANDATORY COURT APPEARANCE OF 061109 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8905-ESG, FOR DWLS WITH A MANDATORY COURT APPEARANCE OF 061109 AT 1300 HOURS. HE WAS ALSO ISSUED WARNING NUMBER 250228B, FOR DRIVING 59 MILES PER HOUR IN A 45 MPH ZONE. *NOT-EXEMPT* |
