| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, W TODD 0463 (AR09108747) 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(1) ON 042509 AT APPROXIMATELY 0016 HOURS, I WAS TRAVELING NORTHBOUND ON US HIGHWAY 19 IN THE OUTSIDE LANE. AS I APPROACHED LONGFELLOW DRIVE, I NOTICED THE DEFENdANT'S vEHICLE TRAVELING WEST AT A HIGH RATE OF SPeED ON LONGFELLOW. I IMMEDIATELY MOVED TO THE INSIDE LANE BECAUSE I DID NOT BELIEVE THE DEFENDANT'S VEHICLE WAS GOING TO BE ABLE TO STOP AT THE STOP SIGN. I THEN OBSERVED, IN MY REARVIEW MIRROR, THE VEHICLE STOP PAST THE STOP SIGN AND THEN TURN NORTH ON us highway 19. AT THAT TIME, I PULLED OFF THE RIGHT SIDE OF THE ROAD UNTIL THE VEhiCLE PASSED ME. AS THE VEHICLE PASSED ME, IT ACCELeRATED TO APPROXimately 80 MILES PER HOUR (mph.) I FOLLOWED THE DEFENDANT AND OBSERVED HIM DRIVE OVER THE RIGHT FOG LINE SEVERAL TIMES. AT THAT TIME, I ATTEMPTED TO CONDUCT A TRAFFIC STOP ON US highway 19 SOUTH OF WEST OZELLO TRAIL. IMMEDIATElY, THE DEFENdANT SLOWED DOWN TO APPROXimately 40 MPH BUT PRoCEEDED NORTH, THEN TURNED EAST ON VENABLE, AT WHICH TIME CORPORAL BRUNK PULLED NEXT TO THE DEFENdANT WITH HIS LIGHTS AND SIReN ACTIVATED, at which TIME, THE DEFENdANT PULLED OVER. CORPORAL BRUNK AND I APPROACHED THE VEHiCLE AND ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE. IMMEDIATElY, THE DEFENdANT WAS VERBALLY HOSTiLE TOWARD CORPORAL BRUNK AND I. THE DEFENDANT WAS ADVISED THAT HE HAD BEEN PULLED OVER FOR FAILURE TO MAINTAIN A SINGLE LANE BY DRIVING OVER THE RIGHT SIDE FOG LINE. AFTER HE WAS TOLD THIS, HE REPEATEDLY ASKED WHAT HE HAD BEE PULLED OVER FOR. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE REPLIED NO. I ADVISED HIM I COULD DETECT THE ODOR OF ALCOHOL EMITTING FROM HIS PERSON. HE THEN STATED HE HAD ONE BEER. I ASKED THE DEFENDANT, WHO WAS STILL IRATE, TO CALM DOWN AND STEP OUT OF THE VEHICLE. AS HE STEPPED OUT OF THE VEHiCLE, HE STATED HE KNEW HE WAS GOING TO JAIL. I ASKED HIM WHY AND HE STATED BECAUSE THIS DEPUTY SAID HE WAS DRUNK. HE ALSO SAID HE KNEW THIS BECAUSE IT SAYS ON THIS DEPUTY'S COMPUTER THAT WHEN HE GOES TO JAIL, YOU ALWAYS HAVE THREE DEPUTIES PRESENT. BY THIS TIME, SERGEANT grant HAD ARRIVED ON SCENE FOR A MOMENT. I ADVISED THE DEFEnDANT THAT I DID NOT HAVE A COMPUTER IN MY CAR AND I DID NOT KNOW IF HE WAS GOING TO JAIL JUST YET. HE REPLIED THAT HE WAS GOING, THAT HE WAS NOT DRUNK AND that he ONLY HAD TWO BEERS. LATER HE SAID IT WAS NOT BEER, IT WAS MIXED DRINKS. DURING THIS TIME, HE KEPT MAKING STATEMENTS THAT HE HAD JUDGE BLACKSTONE AS HIS LAWYER AND HE WOULD GET HIM OUT OF EVERYTHING. I THEN ASKED THE DEFENdANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, tO WHICH HE STATED HE WOULD BECAUSE HE ONLY HAD TWO DRINKS AND HE WAS NOT DRUNK. I ASKED THE DEFENDANT IF HE HAD GRADUATED FROM HIGH SCHOOL, TO WHICH HE REPLIED HE HAD GRADUATED WHEN HE WAS FIFTEEN. I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL DISABILITIES WHICH WOULD PREVENT HIM FROM COMPLETING THE TASKS, to which he replied he did not. I STARTED TO EXPLAIN THE FIRST TASK, THE RHOMBERG ALPHABET, BUT BEFORE I WAS DONE THE DEFENDANT STARTED. I STOPPED HIM AND FINISHED EXPLAINING THE TASK. DURING THE TASK, THE DEFENDANT WAS SWAYING BACK AND FORTH APPROXIMaTELY FOUR TO FIVE INCHES. HE COMPLETED THE ALPHABET WITH NO PROBLEM UNTIL HE GOT TO THE LETTER "T," AT WHICh TIME HE WENT TO THE LETTER "G", THEN "X," "Y" AND "Z." I STARTED TO EXPLAIN THE NEXT TASK, FINGER TO NOSE, AT WHICH POINT THE DEFENDANT STOPPED ME AND STATED HE WAS NOT GOING TO DO IT. I ASKED HIM WHY AND HE STATED HE COULD NOT BECAUSE HE HAS AN INNER EAR INFECTION. I AGAIN ASKED HIM IF HE WOULD ATTEMPT THE TASK FOR WHICH HE DID WITHOUT ANY PROBLEMS EXCEPT SWAYING SLIGHTLY. THE NEXT TASK was THE ONE LEG STAND. I AGAIN ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL PROBLEM THAT WOULD PREVENT HIM FROM COMPLETING THE TASK. THIS TIME, THE DEFENDANT ANSWERED YES, THAT HE DUG A DITCH YESTERDAY AND HIS BACK WAS SORE FROM THAT. I ASKED HIM IF IT WAS INJURED OR JUST SORE AND HE STATED SORE. I ASKED HIM IF HE WOULD ATTEMPT THE TASK. HE STATED HE WOULD AND I STARTED TO EXPLAIN THE TASK. THE DEFENDANT STARTED BEFORE I COULD COMPLETE THE INSTRUCTIONS. I STOPPED THE DEFENdANT UNTIL I COMPLETED THE INSTRUCTIONs AND DEMONSTRATED THE TASK. I ASKED THE DEFENDANT TO BEGIN BUT WHEN HE STARTED, HE WAS NOT LOOKING DOWN AT HIS FOOT AND DID NOT COUNT out loud. I STOPPED THE DEFENDANT, EXPLAINED THAT HE WAS NOT LOOKING DOWN AT HIS FOOT, TO wHICH HE TOLD ME HE DID NOT HAVE TO, THAT IT WAS NOT PART OF THE EXERCISE. I AGAIN EXPLAINED THAT IT WAS AND AT THIS TIME THE DEFENDANT COMPLETED THE TASK. ON THE FOURTH TASK, THE WALK AND TURN, I STARTED TO EXPLAIN THE TASK. THE DEFENDANT INTERRUPTED ME AND ASKED WHAT LINE I WANTED HIM TO WALK ON. I EXPLAINED HE COULD EITHER USE THE YELLOW LINE ON THE ROAD OR JUST WALK A STRAIGHT LINE. HE REPLIED HE WOULD USE THE YELLOW LINE BECAUSE "THERE IS SUPPOSED TO BE A LINE." I COMPLETED THE INSTRUCTIONS AND ASKED THE DEFENdANT TO BEGIN THE TASK. ON THE SECOND AND THIRD STEPS, THE DEFENdANT STUMBLED AND ALMOST FELL. THE DEFENDANT REACHED STEP NUMBER NINE BUT INSTEAD OF KEEPING ONE FOOT ON THE GROUND, HE TOOK SEVERAL STEPS, TURNED AROUND AND TOOK NINE STEPS BACK. At that time, i asked the defendant to step toward his car. he stated to me that he knew i was going to take him to jail. i advised him i still had not decided and to calm down and lean against his car. he again repeated he knew he was going to go to jail because of who he was and the computer always said take him to jail. corporal brunk stood with the defendant while i returned to my vehicle to fill out paperwork. the defendant started yelling obscenities at corporal brunk. i stepped out of my vehicle and asked the defendant to calm down. he replied that he did not have to because he did not do anything wrong and still did not know what he was pulled over for. at this point, i returned to the defendant and advised him he was being placed under arrest for driving under the influence (dui.) he replied again he was not drunk and only had a few mixed drinks. i handcuffed the defendant and read him his miranda warnings and florida implied consent law and turned the defendant over to deputy ferguson for transport to the citrus county detention facility. when deputy ferguson asked him to walk to his car, he started to resist and said he was not drunk and was not going to jail. the defendant was eventually secured in the rear seat of deputy ferguson's patrol vehicle. during this time the defendant repeatedly stated he was going to sue me, that he was not drunk. once at the detention facility, the defendant submitted to the approved test of his breath with the results of .187 and .185. the defendant was held on a $500.00 bond, per schedule. the defendant was issued a florida dui citation number 8021-xad. he was also issued a florida uniform traffic citation number 0425-fir and prior to leaving the scene, his vehicle was towed by greg's car care center. *NOT-EXEMPT* |
