| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DAN 0443 (2012-00671AR) 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, THIRD OFFENSE WITHIN 10 YEARS OF LAST CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B)91). ON 040912 AT APPROXIMATELY 0319 HOURS, I RESPONDED TO the AREA OF NORTH SATURN AVENUE AND EAST JUPITER STREET IN INVERNESS, IN REFERENCE TO A SUSPICIOUS RED TRUCK PARKED ON THE SIDE OF the ROAD WITH ITS ENGINE RUNNING AND ITS LIGHTS ON. UPON MY ARRIVAL, I OBSERVED THE RED TRUCK BEARING FLORIDA TAG 099-TZQ SITTING ON THE EAST SIDE OF THE ROADWAY FACING TO the SOUTH. THE VEHICLE HAD CRASHED INTO A WOODEN FENCE POST. AS I APPROACHED THE VEHICLE I OBSERVED THE TIRE MARKS THROUGH THE GRASS LEAVING THE ROADWAY TO WHERE THE VEHICLE STOPPED ON TOP OF THE FENCE POST. I THEN OBSERVED THAT THE VEHICLE WAS STILL RUNNING. THE VEHICLEâS HEADLIGHTS WERE ON. THE DRIVER WAS SEATED BEHIND THE DRIVERâS SEAT WITH HIS SEAT BELT ON AND SLUMPED OVER TO the RIGHT AS IF HE WAS ASLEEP. I ALSO OBSERVED THAT THE VEHICLE WAS STILL IN DRIVE. I KNOCKED ON THE PASSENGERâS WINDOW TO GET THE DRIVER'S ATTENTION AND THE DRIVER LIFTED HIS HEAD AND STATED, âCOME IN.â I ATTEMPTED TO OPEN the PASSENGERâS DOOR; HOWEVER, the DOOR WAS LOCKED. I ATTEMPTED TO GET THE DRIVER TO UNLOCK THE DOOR. THE DRIVER GRABBED HIS PASSENGERS DOOR HANDLE AND THEN LIFTED HIS HANDS AND ARMS APPEARING NOT TO KNOW WHAT TO DO AND THEN SLUMPED BACK TO HIS RIGHT PASSING OUT. I AGAIN GOT the DRIVERâS ATTENTION ATTEMPTED TO HAVE HIM UNLOCK THE DOOR. AT THAT TIME, HE PUT THE VEHICLE INTO REVERSE; HOWEVER, HE DID NOT ATTEMPT TO MOVE THE VEHICLE. I TOLD THE DRIVER TO PUT THE VEHICLE INTO PARK, TO WHICH HE STATED IT WAS IN PARK. HE THEN TURNED OFF the IGNITION. I DIRECTED THE DEFENDANT TO EXIT THE VEHICLE. HE OPENED HIS DOOR AND STEPPED OUT OF THE VEHICLE AND WALKED TO THE REAR OF THE VEHICLE. THE DEFENDANT WAS WALKING VERY UNSTEADY. HE WAS STAGGERING AND USING THE VEHICLE TO SUPPORT HIMSELF. WHILE LOOKING AT the DRIVER I COULD SEE THAT HIS EYES WERE BLOOD-SHOT AND GLASSY AND THAT HIS EYELIDS WERE DROOPY. I DETECTED A STRONG ODOR OF ALCOHOL EMITTING FROM THE DRIVER. I REQUESTED HIS DRIVERâS LICENSE, TO WHICH HE PROVIDED. HE WAS IDENTIFIED AS the DEFENDANT MR KEN EDWARD HUSE, JR. THE DEFENDANT STATED THAT the VEHICLE WAS HIS AND THAT HE WAS AT HIS RESIDENCE. I TOLD THE DEFENDANT THAT HE WAS NOT AT HIS RESIDENCE THAT HE HAD CRASHED INTO HIS NEIGHBORâS FENCE POST. AFTER COMPLETING MY CRASH INVESTIGATION I ADVISED THE DRIVER THAT I BELIEVED HE WAS INTOXICATED AND REQUESTED HIM TO CONDUCT FIELD SOBRIETY TASKS. THE DEFENDANT STATED NO, HE WOULD NOT CONDUCT THE TASKS. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE STATED YES. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED, GRIFFâS BAR. I ASKED THE DEFENDANT WHERE HE WAS GOING, TO which HE STATED HE WAS GOING HOME. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK, TO WHICH HE STATED HE WAS NOT GOING TO ANSWER the QUESTION. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR SUSPICIONS FOR DRIVING UNDER the INFLUENCE (DUI). HE WAS HANDCUFFED, DOUBLE LOCKED, BEHIND HIS BACK AND SEATED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS. I ASKED the DEFENDANT IF HE WOULD ANSWER MY QUESTIONS, TO WHICH THE DEFENDANT STATED HE DID NOT UNDERSTAND HIS RIGHTS. I ASKED THE DEFENDANT IF HE WANTED ME TO READ THEM AGAIN, TO WHICH HE STATED NO, HE DID NOT WANT TO TALK. I THEN READ THE DEFENDANT HIS IMPLIED CONSENT, AT WHICH TIME, THE DEFENDANT STATED NO, HE REFUSED TO SUBMIT TO THE APPROVED CHEMICAL TEST OF HIS BLOOD, BREATH OR URINE THE DEFENDANTâS VEHICLE WAS REMOVED FROM THE SCENE TO HIS RESIDENCE LOCATED A COUPLE HOUSES DOWN. THE VEHICLE WAS SECURED AND THE KEY RETURNED TO THE DEFENDANT AT the DEFENDANTâS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BLOOD BREATH OR URINE. A CRIMINAL HISTORY CHECK WAS CONDUCTED OF THE DEFENDANT, WHICH REVEALED THE DEFENDANTâS LAST CONVICTION FOR DUI WAS ON 041405 AND THAT AS OF 011707 THE DEFENDANT WAS ON INMATE RELEASE STATUS REFERENCE TO A FELONY THIRD DUI CONVICTION. THE DEFENDANT WAS CHARGED WITH FELONY DUI FOURTH OFFENSE WITHIN TEN YEARS OF A PREVIOUS CONVICTION. HIS BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED CRIMINAL CITATION NUMBER 4005-XDX7, FOR DUI AND FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7299-GJX9, FOR OPEN CONTAINER. |
