| Probable cause affidavit: |
SUBMITTED BY: WOOD, THOMAS FHP5318 (AR09108248) DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE TO WIT; CANNABIS COMMONLY KNOWN AS MARIJUANA IN the AMOUNT OF APPROXIMATELY TWENTY FIVE GRAMS WITH THE INTENT TO DELIVER (IN A MOTOR VEHICLE) SAID SUBSTANCE IN VIOLATION OF FLORIDA STATE STATUTES 893.13(1)(A)(2) AND 893.03(1)(C)(7) AND DID KNOWING 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 HAVING A PREVIOUS CONVICTION FOR THIS OFFENSE IN VIOLATION OF FLORIDA STATUTE OF 322.34(2)(B) 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 031909, AT APPROXIMATELY 2242 HOURS, I WAS TRAVELLING NORTH ON US HIGHWAY 41JUST SOUTH OF ROOKS ROAD WHEN I OBSERVED TRAVELLING NORTH AHEAD OF ME, A WHITE 1997 FOUR DOOR FORD SUDAN BEARING FLORIDA TAG NUMBER J69RCU. I FURTHER OBSERVED THAT the VEHICLE WAS WEAVING WITHIN ITS LANE. I NOTED THE VEHICLE WOULD TRAVEL ACROSS the WHITE FOG LINE AND THEN BACK ACROSS the LANE TO the CENTER LINE. the VEHICLE CONTINUED THIS DRIVING PATTERN AS I FOLLOWED IT. I CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT US HIGHWAY 41 AND DERBY OAKS DRIVE. the VEHICLE MADE A WIDE RIGHT TURN ONTO DERBY OAKS DRIVE AND STOPPED PARTIALLY ON the ROADWAY AND PARTIALLY ON the SOUTH SHOULDER OF DERBY OAKS DRIVE. I MADE CONTACT with THE DEFENDANT WHO IDENTIFIED HIMSELF BY NAME AND DATE OF BIRTH AS KENNETH E CHAPMAN. I OBSERVED the DEFENDANT TO BE A WHITE MALE WITH A DATE OF BIRTH OF 110164. UPON MY FIRST CONTACT WITH THE DEFENDANT, I OBSERVED THAT HE HAD BLOOD SHOT WATERY EYES, WAS SLURRING HIS SPEECH, AND I COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I RETURNED TO MY VEHICLE AND RAN the DEFENDANT ON "DAVID" AS WELL AS THROUGH FCIC/NCIC TO VERIFY HIS IDENTITY. FCIC/NCIC REVEALED THE DEFENDANT'S LICENSE WAS SUSPENDED MULTIPLE TIMES AS FOLLOWS. THE DEFENDANT'S LICENSE WAS SUSPENDED INDEFINITELY FOR FAILURE TO PAY TRAFFIC FINES ON 110403 TO INCLUDE THREE SUSPENSIONS ON THAT DATE AND SUSPENSIONS ON 031405, 031606, AND 011608. THE DEFENDANT'S LICENSE WAS ALSO SUSPENDED INDEFINITELY FOR FAILURE TO APPEAR FOR COURT ON 112304 AND 031405. THERE WAS ALSO A FINANCIAL RESPONSIBILITY JUDGMENT SUSPENSION ON 022304. THE DEFENDANT WAS ALSO PREVIOUSLY CONVICTED FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED ON 121404. AT APPROXIMATELY 2250 HOURS, I MADE CONTACT WITH the DEFENDANT AND ASKED IF HE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASK TO WHICH HE ADVISED THAT HE WOULD. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND DURING THIS TASK, THE DEFENDANT LIFTED HIS LEFT FOOT ON the FIRST ATTEMPT, ONLY MADE IT TO the COUNT OF TWO, USED HIS ARMS FOR BALANCE, SWAYED FROM SIDE TO SIDE, AND HOPPED UP AND DOWN. THE DEFENDANT THEN ATTEMPTED LIFTING HIS RIGHT FOOT, MADE IT TO the COUNT OF EIGHT, AND AGAIN USED HIS ARMS FOR BALANCE. I THEN OBSERVED the DEFENDANT, SWAY HIS BODY TO the LEFT SIDE AND ALMOST FELL. the DEFENDANT THEN PUT HIS FOOT DOWN AND AND REFUSED TO CONTINUE THIS TASK TASK THREE, WALK AND TURN . THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTION PHASE, STEPPED OFF the LINE ON 2,4,8,9 AND STOPPED TO STEADY HIMSELF AT STEP FOUR. the DEFENDANT TURNED INCORRECTLY AND STEPPED OFF THE LINE ON STEPS 2,6,8 AT APPROXIMATELY 2300 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED (KNOWINGLY). THE DEFENDANT WAS HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) PATTED DOWN, AND PLACED IN THE REAR OF MY PATROL VEHICLE. A SEARCH OF the DEFENDANT'S VEHICLE INCIDENT TO ARREST REVEALED IN THE DRIVER'S DOOR STORAGE COMPARTMENT A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE WHICH I KNOW FROM MY TRAINING AND EXPERIENCE TO BE MARIJUANA. the SUBSTANCE WAS LATER FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA AND WAS WEIGHED WITH AN APPROXIMATE WEIGHT OF the SUBSTANCE BEING TWENTY FIVE GRAMS. PRIOR TO LEAVING THE SCENE, the DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 5790-XAU. THE DEFENDANT WAS CHARGED WITH DRIVING WHILE LICENSE SUSPENDED OR REVOKED (SECOND CONVICTION), with a $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 6413-SPN WITH A MANDATORY COURT DATE OF 042409, AT 0900 HOURS. THE DEFENDANT WAS CHARGED WITH POSSESSION OF OVER TWENTY GRAMS OF MARIJUANA WITH INTENT TO DELIVER with a BOND OF $2,000.00 PER the BOND SCHEDULE AND ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6414-SPN WITH A RETURNABLE COURT DATE OF 042409, AT 0900 HOURS, AT THE CITRUS COUNTY COURTHOUSE. the DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION 6412-SPN FOR POSSESSION OF AN OPEN CONTAINER BY the DRIVER TO WIT ONE HALF EMPTY TWELVE OUNCE CAN OF BUDWEISER BEER WITH A FINE OF $151.00. THE DEFENDANTS TOTAL BOND WAS SET AT $3,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
