| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR10116672) 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) DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS OR HIGHWAYS OF THE STATE OF FLORIDA WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; TO WIT: SPUN HIS VEHICLE TIRES IN AN UNCONTROLLED FASHION WHILE OTHER VEHICLES WERE PRESENT IN VIOLATION OF FLORIDA STATE STATUE 316.192(1)(A) ON 090310 WHILE SITTING NEAR THE INTERSECTION OF OLD FLORAL CITY ROAD AND EDEN DRIVE, I HEARD THE SCREECHING OF A VEHICLE'S TIRES. WHEN I LOOKED TOWARDS THE DIRECTION WHERE THE SCREECHING WAS COMING FROM, I OBSERVED A LARGE AMOUNT OF WHITE SMOKE IN THE AIR, BUT THERE WERE NO VEHICLES THERE. I THEN CONDUCTED A TRAFFIC STOP ON AN UNRELATED VEHICLE AND WHEN I RETURNED TO THE AREA, I OBSERVED TROOPER GUNTER, FLORIDA HIGHWAY PATROL, SPEAKING TO AN INDIVIDUAL IN THE PARKING LOT OF THE KANGAROO GAS STATION. I THEN PARKED TOWARD THE REAR OF THE DEFENDANT 'S VEHICLE AND MADE CONTACT WITH TROOPER GUNTER. TROOPER GUNTER ADVISED ME THAT HE HAD BEEN IN THE PARKING LOT OF THE KANGAROO GAS STATION, WHEN HE HEARD A VEHICLE SPINNING ITS TIRES. WHEN HE LOOKED TOWARDS THE INTERSECTION OF MAIN STREET AND EDEN DRIVE, HE OBSERVED THE DEFENDANT SPINNING THE REAR TIRES ON HIS PICK-UP. TROOPER GUNTER CONTINUED THAT THE SUSPECT SPUN THE TIRES FOR APPROXIMATELY TEN SECONDS AND THAT THERE WAS A VEHICLE IN FRONT OF THE DEFENDANT'S VEHICLE AT THAT TIME. THE DEFENDANT THEN DROVE IN TO THE PARKING LOT OF THE KANGAROO PARKING LOT WHERE TROOPER GUNTER APPROACHED HIM AND ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND REGISTRATION. AT SOME POINT TROOPER GUNTER ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND TO STAND IN AN ADJACENT PARKING SPOT WHERE HE BEGAN ROADSIDE SOBRIETY TASKS. TROOPER GUNTER ADDED THAT THE ONLY TASK HE ATTEMPTED PRIOR TO MY ARRIVAL WAS HORIZONTAL GAZE NYSTAGMUS AND THAT THERE WAS ONSET PRIOR TO FORTY-FIVE DEGREES AND AT MAXIMUM DEVIATION. TROOPER GUNTER HAD ALSO ADVISED ME THAT THE DEFENDANT HAD TOLD HIM THAT HE AND THE PASSENGER HAD JUST COME FROM A CLUB IN CITRUS COUNTY TO WHERE THEY HAD BEEN DRINKING ALCOHOLIC BEVERAGES. SINCE TROOPER GUNTER HAD BEEN IN THE PROCESS OF RESPONDING TO A PRIORITY CALL I TOOK OVER THE TRAFFIC STOP. I THEN EXPLAINED TO THE DEFENDANT THAT TROOPER GUNTER AND I HAD CONCERNS REGARDING THE ABILITY TO SAFELY OPERATE A MOTOR VEHICLE AND ASKED THAT HE SUBMIT TO ROADSIDE SOBRIETY TASK, TO WHICH HE REFUSED. WHILE SPEAKING WITH THE DEFENDANT, I NOTICED HIS EYES TO BE BLOODSHOT AND HIS SPEECH TO BE SLIGHTLY SLURRED. THE DEFENDANT WAS ALSO SLIGHTLY UNSTEADY ON HIS FEET AND I COULD SMELL A STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT. AT THAT TIME, SINCE ALL INDICATORS POINTED TO THE DEFENDANT BEING INTOXICATED HE WAS PLACED UNDER ARREST AND PLACED IN THE REAR OF MY PATROL VEHICLE . THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER THE DEFENDANT'S REQUEST AND HIS KEYS WERE TURNED OVER TO THE PASSENGER PER HIS REQUEST. A SHORT TIME LATER THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCJ) WHERE HE WAS TURNED OVER TO CORRECTIONAL OFFICER SOTA A CERTIFIED BREATH TEST OPERATOR. OFFICER SOTA REQUESTED THAT THE DEFENDANT SUBMIT TO A LAWFUL TEST OF HIS BREATH TO WHICH HE AGREED. A SHORT TIME LATER OFFICER SOTA ADVISED ME THAT THE DEFENDANT HAD SUBMITTED A SAMPLE OF .155 ON THE FIRST SUBMISSION AND .152 ON THE SECOND SUBMISSION. THE DEFENDANT WAS THEN CHARGED WITH RECKLESS DRIVING AS A RESULT OF SPINNING HIS TIRES WITHOUT THE DUE REGARD TO THE SAFETY OF OTHERS AND DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 6929XDO5 FOR DUI AND FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 8064FRY5 FOR RECKLESS DRIVING, BOTH WITH MANDATORY COURT DATES OF 092310 AT 1300 HOURS. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
