| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (AR09107780) 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(2)(A). 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). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A GLASS CRACK PIPE WITH COPPER BRILLO PAD, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 022209 AT 1333 HOURS, MYSELF AND DEPUTY CRIDLAND RESPONDED TO THE AREA OF 8733 WEST YULEE DRIVE IN HOMOSASSA IN REFERENCE TO A GOLD CHEVY MALIBU THAT WAS STUCK IN A RETENTION POND. UPON ARRIVAL, I OBSERVED A GOLD CHEVY MALIBU STUCK IN A RETENTION POND WITH THE ENGINE RUNNING. IT WAS LATER DETERMINED THE VEHICLE WAS IN NEUTRAL AND A BLACK MALE WAS SITTING IN THE DRIVER'S SEAT. THERE WERE NO OTHER OCCUPANTS IN THE VEHICLE. UPON MAKING CONTACT WITH THE DRIVER, WE DIRECTED HIM TO SHUT THE VEHICLE OFF AND EXIT THE VEHICLE TO WHICH HE COMPLIED. UPON EXITING THE VEHICLE, I OBSERVED THAT THE DRIVER/DEFENDANT, MR LACY LEWIS EDWARDS, COULD NOT REMAIN STEADY ON HIS FEET. THE DEFENDANT TOOK SEVERAL STEPS TOWARD DEPUTY CRIDLAND, AT WHICH TIME, DEPUTY CRIDLAND REACHED OUT TO HELP STEADY THE DEFENDANT TO PREVENT HIM FROM FALLING TO THE GROUND. WHILE SPEAKING WITH THE DEFENDANT, HIS SPEECH WAS THICK AND SLURRED. THE DEFENDANT KEPT ASKING FOR ME TO GIVE HIM THE TELEPHONE AND TO GIVE HIM THE TELEPHONE NUMBER SO HE COULD CALL HIS WIFE. WHILE I ATTEMPTED TO OBTAIN THE IDENTIFICATION OF THE DEFENDANT, WHO WAS UNCOOPERATIVE, I DETECTED A MODERATE ODOR OF ALCOHOL EMITTING FROM THE DEFENDANT'S BREATH. THE DEFENDANT CONTINUED TO STAGGER AROUND HIS VEHICLE AND WOULD SWAY WHILE STANDING AND NOT LEANING AGAINST HIS VEHICLE. IN OBSERVING THE IMMEDIATE AREA AROUND THE DEFENDANT'S VEHICLE, I COULD SEE FROM MARKS IN THE GRASS THAT THE DEFENDANT HAD ENTERED THE RETENTION POND ON THE NORTH END, DROVE THROUGH THE RETENTION POND, AND ATTEMPTED TO EXIT AT THE SOUTH END WHERE HIS VEHICLE GOT STUCK ON A CEMENT BLOCK. DEPUTY CRIDLAND CHECKED THE ADJACENT PARKING LOT AND DID NOT OBSERVE ANY DAMAGE TO ANY PROPERTY. I ASKED THE DEFENDANT IF HE KNEW WHERE HE WAS LOCATED, AT WHICH TIME, HE STATED HE WAS IN CRYSTAL RIVER. THE DEFENDANT LOCATED HIS CELLULAR TELEPHONE AND CONTACTED HIS WIFE. I ASKED THE DEFENDANT IF I COULD SPEAK WITH HIS WIFE AND HE PASSED ME THE TELEPHONE. I SPOKE TO THE DEFENDANT'S WIFE WHO PROVIDED ME WITH ASSISTANCE OF HER HUSBAND'S NAME AND ADVISED SHE WAS IN INGLIS AND WAS WONDERING WHERE HER VEHICLE WAS LOCATED. AT THAT TIME, I ENDED THE TELEPHONE CALL BECAUSE THE DEFENDANT HAD RE-ENTERED THE DRIVER'S SEAT. I DIRECTED THE DEFENDANT TO GET OUT OF THE DRIVER'S SEAT, AT WHICH TIME, HE REFUSED STATING HE HAD TO GO HOME. THE DEFENDANT STARTED THE VEHICLE AND PLACED THE VEHICLE IN REVERSE. I AGAIN DIRECTED THE DEFENDANT TO EXIT THE VEHICLE TO WHICH HE COMPLIED. I THEN REACHED IN, SHUT OFF THE VEHICLE, AND REMOVED THE KEYS FROM THE VEHICLE. UPON THE DEFENDANT EXITING THE VEHICLE, HE STAGGERED FORWARD SEVERAL STEPS BEFORE FALLING FLAT ON HIS FACE. IT WAS DETERMINED AT THAT TIME THAT THE DEFENDANT WAS INTOXICATED AND THAT HE HAD BEEN IN CONTROL OF THE VEHICLE AND HAD BEEN OPERATING ON THE ROADWAYS OF THIS STATE. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND PLACED IN THE BACK SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TOO IMPAIRED TO CONDUCT FIELD SOBRIETY TASKS ON THE ROADWAY AND THE DEFENDANT BECAME VERY AGITATED WHEN WE WERE ATTEMPTING TO PLACE HIM IN THE BACK SEAT OF THE PATROL VEHICLE. WHILE SEARCHING THE DEFENDANT PRIOR TO PLACING HIM INSIDE THE PATROL VEHICLE, A GLASS PIPE WITH A PIECE OF BRILLO PAD IN THE END AND CONTAINING COCAINE RESIDUE WAS REMOVED FROM THE DEFENDANT'S RIGHT FRONT POCKET. IN A SEARCH OF THE DEFENDANT'S VEHICLE INCIDENT TO ARREST, I REMOVED A SMALL EMPTY BOTTLE OF LIQUOR. THERE WAS LESS THAN AN OUNCE OF ALCOHOL LEFT IN THE BOTTLE. THE BOTTLE WAS RECOVERED FROM THE FRONT PASSENGER SEAT AND THE REMAINING BRILLO PAD, WHICH IS COMMONLY USED AS A FILTER FOR SMOKING CRACK COCAINE, WAS LOCATED ON THE FRONT PASSENGER FLOORBOARD. ALL CONTRABAND ITEMS WERE SECURED AND PLACED IN TO EVIDENCE. DEPUTY CRIDLAND REMAINED ON SCENE WITH THE VEHICLE WHICH WAS TOWED BY ALL PRESTIGE AUTO. I CONDUCTED A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE WHICH REVEALED THE DEFENDANT HAD ONLY BEEN ISSUED AN IDENTIFICATION CARD. ALSO REVEALED THAT HIS DRIVING PRIVILEGE WAS SUSPENDED. IT WAS SUSPENDED FOR ONE YEAR ON 092607 FOR REFUSAL TO SUBMIT TO AN APPROVED CHEMICAL TEST OF HIS BLOOD, BREATH, OR URINE. IT WAS SUSPENDED FOR 180 DAYS ON 111907 FOR DUI. IT WAS SUSPENDED INDEFINITELY ON 052708 FOR FAILURE TO PAY TRAFFIC CITATION. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS ADVISED OF HIS MIRANDA RIGHTS TO WHICH THE DEFENDANT STATED "FUCK YOU". I READ THE DEFENDANT HIS IMPLIED CONSENT. AGAIN THE DEFENDANT STATED "FUCK YOU. I'M NOT DOING ANYTHING." THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING WHERE THE DEFENDANT REFUSED TO SUBMIT TO AN APPROVED CHEMICAL TEST OF HIS BLOOD, BREATH, OR URINE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 0682-FIR FOR NO VALID DRIVER'S LICENSE; UTC NUMBER 0683-FIR FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED (DWLS); UTC NUMBER 7538-XAD FOR DUI. DUE TO THE DEFENDANT BEING UNCOOPERATIVE with the DETENTION FACILITY STAFF AND CREATING A DISTURBANCE IN THE FACILITY, HE WAS UNAVAILABLE TO SIGN HIS CITATIONS. THE DEFENDANT'S BOND WAS SET AT $11,500 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
