| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (16-66364) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1); 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; AND DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD OR BREATH ALCOHOL LEVEL WAS .08% OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED INJURY TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 316.193(3)(C)(1); AND THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062; AND DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E). ON 051616, THIS AGENCY RECEIVED MULTIPLE CALLS FOR SERVICE IN REFERENCE TO A POSSIBLY INTOXICATED RECKLESS DRIVER, WHERE THE VEHICLE DESCRIPTION WAS A GOLD DODGE PICKUP TRUCK. ALL COMPLAINANTS PROVIDED A SIMILAR ACCOUNT OF THE VEHICLE DRIVING RECKLESSLY AND SWERVING; HOWEVER, THE VEHICLE WAS NOT ABLE TO BE LOCATED. AT 1118 HOURS, I WAS DISPATCHED TO JUST SOUTH OF SOUTH SUNCOAST BOULEVARD AND PONCE DE LEON, IN REFERENCE TO A HIT AND RUN ACCIDENT, WHERE THE SUSPECT VEHICLE WAS A 2004 DODGE PICKUP, GOLD IN COLOR, BEARING FLORIDA LICENSE PLATE GLNN43. THE COMPLAINANT ADVISED THAT THE SUSPECT VEHICLE CONTINUED SOUTHBOUND ON SOUTH SUNCOAST BOULEVARD INTO HERNANDO COUNTY. WHILE EN ROUTE, HERNANDO COUNTY SHERIFF'S OFFICE CONTACTED THE CITRUS COUNTY SHERIFF'S OFFICE AND ADVISED THAT THEY ALSO HAD A REPORT OF A HIT AND RUN MOTOR VEHICLE ACCIDENT WITH THE SUSPECT VEHICLE LISTED ABOVE WITH THE SAME LICENSE PLATE PROVIDED BY THE COMPLAINANT. HERNANDO COUNTY SHERIFF'S OFFICE ADVISED THAT THEY ATTEMPTED A TRAFFIC STOP ON THE VEHICLE; HOWEVER IT FLED NORTHBOUND ON SOUTH SUNCOAST BOULEVARD BACK INTO CITRUS COUNTY, AND THEY DID NOT PURSUE. WHILE EN ROUTE TO THE ACCIDENT, I OBSERVED THE SUSPECT VEHICLE, NORTHBOUND NEAR WEST CYPRESS BOULEVARD AND SOUTH SUNCOAST BOULEVARD. THE VEHICLE WAS SWERVING IN AND OUT OF TRAFFIC AND I OBSERVED ONE VEHICLE FORCED OUT OF ITS LANE OF TRAVEL BY THE SUSPECT VEHICLE. I THEN TURNED AROUND TO GET BEHIND THE VEHICLE AND OBSERVED THE VEHICLE IN THE INSIDE LANE CROSS OVER THE SOLID WHITE LINE MULTIPLE TIMES AND CROSS OVER THE WHITE HASHED LINE BETWEEN BOTH LANES OF TRAVEL AND FORCE ANOTHER VEHICLE OUT OF ITS LANE. I ATTEMPTED TO INITIATE A TRAFFIC STOP ON THE VEHICLE, ACTIVATING MY EMERGENCY OVERHEAD LIGHTS AND SIREN. THE VEHICLE DID NOT STOP OR MAKE ANY EFFORT TO STOP. THE VEHICLE THEN CROSSED BACK OVER THE HASHED CENTER LINE DIVIDING THE TWO LANES AND FORCED ANOTHER VEHICLE OUT OF ITS LANE OF TRAVEL. THE VEHICLE THEN CROSSED OVER THE SOLID WHITE LINE ON THE OUTSIDE OF THE INSIDE LANE WHERE THE TWO DRIVER'S SIDE TIRES LEFT THE ROAD SURFACE AND WENT INTO THE MEDIAN. THE VEHICLE THEN CORRECTED ITSELF BACK INTO THE INSIDE LANE. IT APPEARED AS IF THE VEHICLE WAS GOING TO STRIKE A BLUE FOUR DOOR VEHICLE TRAVELING IN FRONT OF IT; HOWEVER, THE VEHICLE ATTEMPTED TO MANEUVER TO THE MEDIAN TO AVOID THE COLLISION. AT THE SAME TIME, THE SUSPECT VEHICLE DID THE SAME MANEUVER BUT AVOIDED FURTHER INTO THE MEDIAN. THE VEHICLE THEN RETURNED TO THE INSIDE LANE, CONTINUING TO TRAVEL NORTHBOUND ON SOUTH SUNCOAST BOULEVARD. AS THE VEHICLE WAS APPROACHING THE TRAFFIC SIGNAL FOR CARDINAL STREET AND SUNCOAST BOULEVARD, THE TRAFFIC LIGHT TURNED TO RED. THE VEHICLE THEN LOCKED ITS BREAKS UP AND CAME TO A STOP IN THE MIDDLE OF THE INTERSECTION. I THEN GAVE LOUD VERBAL COMMANDS TO PUT THE VEHICLE IN PARK AND SHUT OFF THE ENGINE, TO WHICH THE DRIVER EVENTUALLY COMPLIED WITH. THE DRIVER WAS THEN ORDERED TO EXIT THE VEHICLE. THE DRIVER WAS THEN PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DRIVER WAS IDENTIFIED AS MR LEWIS STANLEY (DEFENDANT). THE DRIVER WAS READ HIS MIRANDA RIGHTS AND HE ADVISED HE UNDERSTOOD ALL OF HIS RIGHTS AND WISHED TO CONTINUE SPEAKING WITH ME. A STRONG ODOR OF ALCOHOL WAS PRESENT ON THE DEFENDANT'S BREATH COUPLED WITH GLASSY EYES AND SLURRED SPEECH. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM ORIGINALLY, TO WHICH HE ADVISED HE WAS HEADING HOME FROM STEINHATCHEE. THE DRIVER ADVISED THAT HE STOPPED AT A GAS STATION WHERE HE PURCHASED TWO FOUR LOKO DRINKS (ALCOHOLIC BEVERAGES) AND CONSUMED THEM WHILE DRIVING HOME. BOTH EMPTY FOUR LOKO CANS WERE LOCATED ON THE PASSENGER'S SIDE FLOORBOARD OF HIS VEHICLE. THE DRIVER ADVISED HE HAD ANKLE SURGERY A FEW DAYS AGO ON HIS RIGHT ANKLE AND THAT IT WAS VERY SORE. I ASKED THE DEFENDANT WHICH FOOT HE WAS USING TO OPERATE THE PEDALS OF HIS VEHICLE AND HE ADVISED HIS RIGHT FOOT. I MADE CONTACT WITH THE COMPLAINANT OF THE HIT AND RUN MOTOR VEHICLE ACCIDENT VIA TELEPHONE, WHERE I OBTAINED THE INFORMATION ABOUT THE CRASH. THAT DRIVER ADVISED HE WAS TRAVELING SOUTHBOUND ON SOUTH SUNCOAST BOULEVARD IN THE INSIDE LANE, WHEN THE SUSPECT VEHICLE PASSED HIM ON THE RIGHT IN THE OUTSIDE LANE. THE DRIVER ADVISED THAT THE SUSPECT VEHICLE, WHICH HE DESCRIBED AS A GOLD DODGE PICKUP TRUCK, MOVED OVER INTO HIS LANE OF TRAVEL AND THE SUSPECT VEHICLE'S REAR DRIVER'S SIDE FENDER MADE CONTACT WITH HIS FRONT PASSENGER'S SIDE FENDER. THE DRIVER ADVISED THAT HE WAS DRIVING HIS RED HYUNDAI FOUR DOOR. UPON INSPECTION OF THE SUSPECT VEHICLE'S REAR DRIVER'S SIDE FENDER, I OBSERVED WHAT APPEARED TO BE FRESH PAINT TRANSFER THAT WAS RED IN COLOR. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY TO COMPLETE FIELD SOBRIETY TASKS, DUE TO HIS INHERENT FLIGHT RISK. THE DEFENDANT INVOKED MIRANDA AND REFUSED ALL SOBRIETY TASKS. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF AGGRESSIVE FLEEING AND ELUDING OF A LAW ENFORCEMENT OFFICER FROM THE SCENE OF A CRASH, WITH HIS BOND SET AT $10,000.00; ONE COUNT OF DRIVING UNDER THE INFLUENCE (DUI), WITH HIS BOND SET AT $1,000.00; ONE COUNT OF DUI WITH PROPERTY DAMAGE, WITH HIS BOND SET AT $1,000.00; ONE COUNT OF LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE, WITH HIS BOND SET AT $500.00; AND ONE COUNT OF REFUSAL TO SUBMIT TO TESTING, WITH HIS BOND SET AT $500.00. THE DEFENDANT'S TOTAL BOND ON ALL CHARGES WAS $13,000.00. |
