| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09110491) did, knowing HIS driver's license or driving privilege had been canceled, suspended, or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was canceled, suspended or revoked, having previously been convicted of two or more offenses of Driving While License Canceled, Suspended or Revoked on 053003 AND 071908, in violation of Florida Statute 322.34(2)(c); DID OPERATE A MOTOR VEHICLE WITH NO MOTOR VEHICLE REGISTRATION, IN VIOLATION OF FLORIDA STATUTES 320.02(1); AT APPROXIMATELY 1415 ON 081409, WHILE TRAVELLING WEST ON OZELLO TRAIL, I OBSERVED A WHITE GOLF CART DRIVING TOWARD ME IN THE ONCOMING LANE. IT APPEARED THE VEHICLE WAS DRIVING FROM SIDE TO SIDE INSIDE THE LANE. I TURNED AROUND ON THE VEHICLE AND ACTIVATED MY LIGHTS AND HAD TO HIT MY SIREN IN ORDER FOR THE VEHICLE TO PULL OVER. UPON MAKING CONTACT WITH THE DRIVER, I ASKED HIM FOR HIS DRIVERS LICENSE AND REGISTRATION. THE DRIVER ADVISED ME HE DID NOT HAVE HIS DRIVER LICENSE AND ADVISED HE DID NOT KNOW WHERE HIS DRIVERS LICENSE WAS. IN SPEAKING WITH THE DRIVER, I OBSERVED AN OPEN CAN OF BEER SITTING IN THE CUP-HOLDER WITH A BLACK COOLIE SURROUNDING THE CAN. I ASKED THE DRIVER IF HE HAD BEEN DRINKING, HE STATED HE HAD FOUR OR FIVE BEERS. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE. WHILE DOING THIS , I OBSERVED THE DRIVER HAD AN EXTREMELY DIFFICULT TIME KEEPING HIS BALANCE, WHEREAS HE HAD TO HOLD ON TO THE VEHICLE THE ENTIRE TIME. ONCE HE WAS STANDING THERE, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. ALSO WHILE STANDING THERE THE DRIVER STARTED URINATING ON HIMSELF, ADVISING ME HE HAD TO "PEE." I ASKED THE DRIVER TO STEP BACK TO MY VEHICLE. DURING THE WALK BACK TO MY VEHICLE, IT WAS EVIDENT THAT THE DRIVER WAS NOT IN CONTROL OF HIS FACULTIES AND NEEDED ASSISTANCE WALKING BACK TO MY PATROL VEHICLE. I HAD THE DRIVER SIT ON THE FRONT BUMPER OF MY VEHICLE. I THEN ASKED THE DRIVER FOR HIS NAME AND INFORMATION, AT WHICH TIME HE DID ADVISE ME THAT HIS LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE (DUI). I CONFIRMED IN MY COMPUTER THROUGH D.A.V.I.D. AND NCIC/FCIC THAT THE PERSON I WAS SPEAKING WITH WAS MR BURKE, WHICH MATCHED HIS PHOTOGRAPH IDENTITY. I ADVISED THE DRIVER I WAS PLACING HIM UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED .HE WAS HANDCUFFED, DOUBLE-LOCKED AND PLACED IN THE REAR OF MY PATROL VEHICLE. I SECURED THE DRIVER'S GOLF CART, PER HIS REQUEST, AT HIS RESIDENCE DOWN THE ROAD. I ALSO POURED OUT HIS BEER AND REPLACED HIS COOLIE AND THE CAN BACK ON HIS GOLF CART. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE, THE DEFENDANT DEFECATED ON HIMSELF IN MY PATROL VEHICLE. AT THE DETENTION FACILITY, IN THE BOOKING AREA, THE DEFENDANT AGAIN URINATED ON THE FLOOR AFTER BEING UN-CUFFED. WHILE AT THE DETENTION FACILITY, THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 1005RPA1 FOR DRIVING AN UNREGISTERED VEHICLE, 1004RPAX FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED (KNOWINGLY) AND 1003RPAX FOR HAVING AN OPENED CONTAINER. *NOT-EXEMPT* |
