| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (ar09109214) THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061(1) AND did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a). AND 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 052309 AT 1655 HOURS, I WAS DISPATCHED TO East THUNDER HILL LOOP IN HERNANDO IN REFERENCE TO A TRAFFIC CRASH, IN WHICH THE DRIVER/DEFENDANT MR JOSEPH C SHERHOUSE HAD FLED THE SCENE. UPON MY ARRIVAL, I MET WITH DEPUTY ENTREKIN WHO HAD JUST LOCATED AND DETAINED THE DEFENDANT NEAR EAST LAKE PARK DRIVE. AT THIS TIME, I DETECTED A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT THE DEFENDANT. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL vehicle AND TRANSPORTED BACK TO THE SCENE OF THE TRAFFIC CRASH. UPON ARRIVAL AT THE CRASH SCENE, THE DEFENDANT WAS REMOVED FROM THE REAR OF MY PATROL VEHICLE AND TURNED OVER TO DEPUTY ENTREKIN. THE DEFENDANT WAS PLACED UNDER ARREST FOR LEAVING THE SCENE OF A CRASH WITH INJURY. FIELD SOBRIETY TASKS WERE NOT ATTEMPTED DUE TO THE DEFENDANT BEING A FLIGHT RISK. DEPUTY ENTREKIN THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION CENTER. I NEXT SPOKE WITH WITNESS ONE WHO STATED WHILE AT A FRIEND'S RESIDENCE, HE HEARD WHAT SOUNDED LIKE A VEHICLE SLIDING, THEN A LOUD CRASHING NOISE. WITNESS ONE STATED THAT HE LEFT THE RESIDENCE AND SAW A BLACK PICK UP TRUCK OVER TURNED ON THE DRIVER'S SIDE. WITNESS ONE STATED THAT HE WENT OVER TO THE TRUCK AND SAW THE PASSENGER/ WITNESS TWO ON TOP OF THE DEFENDANT AND THE DEFENDANT UNDERNEATH THE STEERING WHEEL. WITNESS ONE STATED HE SMELLED GAS AND HELPED WITNESS TWO FROM THE VEHICLE. WITNESS ONE STATED THAT THE DEFENDANT EXITED THE VEHICLE ON HIS OWN AND THEN HANDED HIM AN OPENED BOTTLE OF BUD LIGHT BEER TELLING HIM TO "GET RID OF THIS". WITNESS ONE SET THE BOTTLE DOWN AND CONTINUED TO HELP WITH WITNESS TWO. WITNESS ONE STATED HE HEARD WITNESS TWO TELL THE DEFENDANT THAT HE SHOULD LEAVE BEFORE THE LAW GETS THERE. THE DEFENDANT THEN PICKED UP THE BEER BOTTLE, THREW IT IN THE BRUSH AND LEFT THE AREA QUICKLY. AN INSPECTION OF THE VEHICLE REVEALED NO OBVIOUS DEFECTS THAT WOULD HAVE CAUSED THE CRASH AND IT HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE INTERIOR OF THE VEHICLE. I LOCATED THE BOTTLE OF BEER AND RECOVERED IT AS EVIDENCE. A PROPERTY RECEIPT WAS COMPLETED AND LATER TURNED IN TO EVIDENCE WITH THE BEER BOTTLE. THE OWNER OF THE VEHICLE WAS ON SCENE AND WAS ABLE TO RECOVER HIS VEHICLE. I THEN WENT TO THE CITRUS MEMORIAL HOSPITAL WHERE I MET WITH WITNESS TWO, WHO STATED SHE WAS NOT DRIVING AND THAT THE DEFENDANT WAS DRIVING WHEN THE CRASH OCCURRED. WHEN QUESTIONED FURTHER, WITNESS TWO STATED SHE DID NOT KNOW HOW TO DRIVE A STANDARD SHIFT TRANSMISSION. WITNESS TWO STATED THAT THE DEFENDANT WAS DRIVING VERY FAST AND RAN OFF THE ROAD, STRIKING THE TREE. WITNESS TWO STATED that NEITHER OF THEM WAS WEARING SEATBELTS. I NEXT RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE DEFENDANT WAS READ HIS IMPLIED CONSENT AT THAT TIME, THE DEFENDANT AGREED SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .145 AND .143 I THEN MET WITH THE DEFENDANT WHO WAS READ HIS MIRANDA WARNING TO WHICH HE INDICATED THAT HE UNDERSTOOD THEM AND AGREED TO ANSWER MY QUESTIONS. THE DEFENDANT STATED HE WAS NOT DRIVING, WITNESS TWO WAS. THE DEFENDANT STATED HE HAD BEEN DRINKING, BUT IT WAS EARLIER IN THE DAY. after the defendant was told HOW THE WITNESS HAD FOUND HIM AT THE CRASH SCENE AND THAT WITNESS TWO ADVISED THAT HE WAS THE DRIVER, THE DEFENDANT RESPONDED "WHATEVER". A COMPUTER CHECK OF THE DEFENDANT'S FLORIDA DRIVER'S LICENSE REVEALED IT HAD BEEN CANCELLED on 092905 FOR ALCOHOL RELATED OFFENSES. THE DEFENDANT WAS CHARGED WITH LEAVING THE SCENE OF A TRAFFIC CRASH WITH INJURY, DRIVING WHILE LICENSED CANCELLED AND DRIVING UNDER THE INFLUENCE. the defendant's bond was set at $11,250.00 per the bond schedule. *NOT-EXEMPT* |
