| Probable cause affidavit: |
\tSUBMITTED BY: AGUILERA, EMANUEL 1238 (AR16-17866) (16-2680) \tdid, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked AS A HABITUAL TRAFFIC OFFENDER, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5); AND \t 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 010716 AT APPROXIMATELY 0259 HOURS, I RESPONDED TO THE AREA OF 1785 SOUTH SUNCOAST BOULEVARD, IN REFERENCE TO BACKING UP DEPUTY LABORDA. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY LABORDA WHO ADVISED HE HAD STOPPED MR JON SHERRILL'S VEHICLE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, FOR TRAVAILING SOUTHBOUND ON SUNCOAST BOULEVARD FOR FAILURE TO MAINTAIN A SINGLE LANE. DEPUTY LABORDA ADVISED THIS DEPUTY THAT THE DRIVER APPEARED TO BE INTOXICATED. I THEN MADE CONTACT WITH THE DEFENDANT WHERE I SMELLED A STRONG ODOR OF ALCOHOL EMITTING from THE DEFENDANT, AS WELL AS HIM HAVING GLOSSY, BLOODSHOT EYES. WHILE SPEAKING WITH THE DEFENDANT, I ASKED HIM WHERE HE WAS GOING, TO WHICH HE ADVISED HE WAS GOING BACK TO HIS HOTEL. HOWEVER, IT SHOULD BE NOTED THE DEFENDANT WAS going THE OPPOSITE WAY TO HIS HOTEL. WHILE SPEAKING with THE DEFENDANT, I OBSERVED HIM TO HAVE A SLURRED SPEECH. I ASKED the DEFENDANT IF HE HAD CONSUMED ANY ALCOHOL ON TODAY'S DATE, TO WHICH HE ADVISED HE DID HAVE A FEW DRINKS. I THEN MADE CONTACT with DEPUTY LABORDA, WHERE HE ADVISED THIS DEPUTY that THE DEFENDANT'S LICENSE WAS NOT VALID. IT WAS PERMANENTLY REVOKED ON 041210 FOR TEN YEARS FOR DRIVING UNDER the INFLUENCE. I THEN MADE CONTACT WITH THE DEFENDANT ONCE AGAIN AND ASKED HIM WHY HE WAS DRIVING DUE TO HIM NOT HAVING A VALID DRIVER'S LICENSE AND HE ADVISED HE WAS JUST TRYING TO GET HOME. AT THAT TIME, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA A PREPRINTED CARD AND HE AGREED TO SPEAK WITH ME. I ADVISED THE DEFENDANT THAT DEPUTY LABORDA WAS going TO BE ISSUING HIM A WRITTEN WARNING FOR FAILURE TO MAINTAIN A SINGLE LANE. I THEN ADVISED HIM I WAS GOING TO BEGIN A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. AT THAT TIME, 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 THAT HE DID NOT. the DEFENDANT, HOWEVER, REFUSED TO CONDUCT ANY OF THE FIELD SOBRIETY TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED HABITUAL WITH A $10,000.00 BOND. HE WAS ALSO CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE, FOR A TOTAL BOND OF $11,000.00 BOND. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9762-XEI6, WITH A MANDATORY COURT APPEARANCE OF 012816 AT 1300 HOURS, AND UNIFORM TRAFFIC CITATION, NUMBER A1P2EWP, FOR DRIVING WHILE LICENSE SUSPENDED HABITUAL, WITH A COURT DATE OF 012816 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED A WRITTEN WARNING BY DEPUTY LABORDA, NUMBER 395954B, FOR FAILURE TO MAINTAIN A SINGLE LANE. \t |
