Date of birth: | Sep 27, 1965 |
Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR08102039) ON 030508 AT 1850 HOURS, A CALL WAS DISPATCHED THAT THERE WAS A VEHICLE TRAVELING NORTHBOUND ON US HIGHWAY 41, DESCRIBED AS A BLUE FORD F-150 WITHOUT LIGHTS ACTIVATED AND DRIVING ALLOVER THE ROAD. THE CALLER WAS FOLLOWING the VEHICLE NORTHBOUND ON US 41 FROM GOBBLER. AT THAT TIME I TRAVELED SOUTH ON US 41 AND FIRST OBSERVED THE TRUCK TRAVELING NORTH AT AIRPORT ROAD WITH NO HEADLIGHTS ACTIVATED. THERE WAS ALSO APPROXIMATELY 10 TO 15 VEHICLES STACKED UP IN TRAFFIC BEHIND THE VEHICLE. I PERFORMED A U-TURN and CAUGHT UP TO the VEHICLE AND OBSERVED IT DRIVING ACROSS BOTH NORTHBOUND LANES OF TRAFFIC, ON THE CONCRETE MEDIAN and ALMOST INTO THE SOUTHBOUND LANES OF TRAFFIC WHILE going NORTH. I THEN ACTIVATED MY LIGHTS TO WHICH THE VEHICLE WAS TRAVELING 15 TO 20 MILES PER HOUR (MPH) and DID NOT STOP. I THEN ACTIVATED MY SIREN TO WHICH THE VEHICLE AND DEFENDANT ALSO IGNORED. THE DEFENDANT THEN STOPPED AT THE TRAFFIC LIGHT AT US 41 NORTH AND EDEN DRIVE, TO WHICH I THOUGHT THE VEHICLE, MIGHT BE STOPPING. the DEFENDANT THEN CONTINUED NORTHBOUND STILL CROSSING OVER SEVERAL LANES and STOPPED IN the ROADWAY IN FRONT OF MCKEAN AND ASSOCIATES IN the NORTHBOUND LANE. I THEN APPROACHED THE DRIVER/DEFENDANT AND HIS WINDOW WAS ROLLED DOWN. THE DEFENDANT WAS TALKING TO HIMSELF AND MOTIONING WITH HIS HANDS AND APPEARED TO BE LOST. THERE WAS A HEAVY ODOR OF ALCOHOL AND SEVERAL BUDWEISER CANS ALONG with SPILT BEER ON THE FLOORBOARD OF THE PASSENGER SIDE OF THE TRUCK. THERE WAS ALSO AN OPENED BUDWEISER CAN IN the CUP HOLDER OF THE TRUCK. AT THAT TIME, I ASKED THE DEFENDANT TO TURN THE VEHICLE OFF, TO WHICH HE COMPLIED. THE TRUCK THEN BEGAN ROLLING NORTHBOUND WHILE THE DEFENDANT WAS looking OVER INTO HIS PASSENGER SEAT. I YELLED SEVERAL TIMES FOR THE DRIVER TO HIT THE BRAKE TO WHICH HE DID NOT DO. I OPENED the DOOR AND STEPPED ON the EMERGENCY BRAKE STOPPING THE VEHICLE. THE DEFENDANT WAS STILL MUMBLING TO HIMSELF AND MOTIONING with HIS HANDS. HE THEN STUMBLED OUT OF THE TRUCK AND almost FELL OVER INTO TRAFFIC. THE DEFENDANT could NOT STAND UP STRAIGHT AND DID OBSERVE TO BE HEAVILY INTOXICATED. HE THEN TRIED TO WALK ACROSS US 41 NORTHBOUND, ACROSS TRAFFIC, DURING WHICH TIME HIS PANTS WHICH WERE UNBUTTONED and UNZIPPED FELL TO his ANKLES. THE DEFENDANT WAS THEN PLACED IN HAND RESTRAINTS FOR HIS SAFETY and TAKEN TO this DEPUTIES PATROL VEHICLE. AT THAT TIME THE DEFENDANT RESISTED BEING PLACED IN the REAR OF MY PATROL VEHICLE. HE GRASPED THE OUTSIDE DOOR AND INSIDE DOOR LATCH WHILE BEING ASKED SEVERAL TIMES IN BOTH ENGLISH AND SPANISH TO PLEASE SIT IN THE VEHICLE. the DRIVER WAS FINALLY PALED INTO the VEHICLE BY THIS DEPUTY AND ANOTHER ASSISTING DEPUTY. THE DRIVER WAS LATER IDENTIFIED VIA FLORIDA DRIVER'S LICENSE AS JOSE RIOS. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY TO BE GIVEN A BREATH ALCOHOL TEST. IT should BE NOTED THAT FIELD SOBRIETY TASKS WERE NOT DONE AT THE SCENE DUE TO OFFICER SAFETY and THE SAFETY OF the DEFENDANT. the DEFENDANT HAD DIFFICULTY STANDING EVEN WITH ASSISTANCE FROM THIS DEPUTY, AND IT WOULD HAVE BEEN A DANGER TO THE DEFENDANT and TRAFFIC PASSING BY IF FIELD SOBRIETY TASKS WERE ATTEMPTED. UPON ARRIVAL AT THE DETENTION DIFFICULTY, the DEFENDANT WAS GIVEN A BREATH ALCOHOL TEST BY DETENTION FACILITY PERSONNEL. THE DEFENDANT WAS GIVEN FOUR SEPARATE ATTEMPTS TO BLOW TO WHICH THE DEFENDANT INTERFERED WITH THE TESTING PROCESS THREE TIMES BY NOT BLOWING PROPERLY INTO THE TUBE, and ON ONE occasion DID BLOW PROPERLY WITH A 0.295 RESULT. THE RESULT OF .295 IS ALMOST FOUR TIMES THE LEGAL BREATH ALCOHOL CONTENT LIMIT OF .08, ALLOWED IN THE STATE OF FLORIDA. HOWEVER, DUE TO HIS INTERFERING with the MACHINE and REFUSAL TO COOPERATE WITH STAFF DURING THE BREATH TESTING PROCESS, IT WILL BE CONSIDERED A REFUSAL TO PROVIDE A BREATH ALCOHOL SAMPLE. IT SHOULD ALSO BE NOTED THAT THE DEFENDANT HAS A LONG HISTORY OF DRIVING UNDER THE INFLUENCE (DUI) DATING BACK TO 1990. THE DEFENDANT HAS SIX CHARGED DUI'S IN HIS DRIVING HISTORY. the DEFENDANT WAS ISSUED FLORIDA UNIFORM DUI CITATION 4291-XDX, AND CITATIONS FOR SEVERAL OTHER MOVING VIOLATIONS, FOR FAILURE TO MAINTAIN A SINGLE LANE, DRIVING WITHOUT HEADLIGHTS AFTER SUNSET AND DRIVING WITH AN OPEN CONTAINER OF ALCOHOL. THE DEFENDANT'S BOND WAS SET PER SCHEDULE. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Aug 8, 2010 |
Booking number: | 10116241 |
Booking location: | Citrus County, FL |
Arrest date: | Mar 5, 2008 |
Booking number: | 08102039 |
Booking location: | Citrus County, FL |
Code: | 316.193(1)(A) |
Charge description: | DUI SECOND OFFENSE- ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $1,000 |
Code: | 843.02 |
Charge description: | RESIST OFFICER W/O VIOLENCE |
Bond amount: | $500 |
Code: | 316.1932(1)(A) |
Charge description: | REFUSE TO SUBMIT APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL |
Bond amount: | $500 |
Code: | 322.341 |
Charge description: | DRIVING WHILE LICENSE PERMANENTLY REVOKED |
Bond amount: | $10,000 |