| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM 0463 (AR07005340) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 093007 AT 0000 HOURS, I WAS DISPATCHED TO THE AREA OF NORTH LINE AVENUE, INVERNESS, IN REFERENCE TO A POSSIBLE DRIVING UNDER THE INFLUENCE (DUI) DRIVING A RED PONTIAC. WHILE DISPATCH WAS ON THE TELEPHONE WITH THE COMPLAINANT, I ATTEMPTED TO LOCATE THE VEHICLE. THE COMPLAINANT KEPT DISPATCH INFORMED OF ITS WHEREABOUTS. I FINALLY MADE CONTACT with the COMPLAINANT AND THE DEFENDANT'S VEHICLE AT NORTH SEMINOLE AVENUE AND MAIN STREET. THE DEFENDANT THEN TURNED WEST ON MAIN STREET. I ATTEMPTED TO GET BEHIND THE DEFENDANT HOWEVER DUE TO TRAFFIC I could NOT INITIALLY GET BEHIND HIM. WHILE I WAS STOPPED AT THE TRAFFIC LIGHT AT MAIN STREET AND LINE AVENUE, THE DEFENDANT WAS STILL WESTBOUND. I OBSERVED THE DEFENDANT'S VEHICLE SWERVE FROM THE RIGHT LANE APPROXIMATELY HALF WAY INTO THE WESTBOUND LANE AND THEN back INTO THE RIGHT LANE. HE THEN CROSSED OVER INTO THE LEFT LANE AGAIN AND THEN BACK INTO THE RIGHT LANE. DEPUTY THEN, WAS ABLE TO GET BEHIND THE DEFENDANT AND I ADVISED HIM TO STOP THE VEHICLE ON THE PROBABLE CAUSE THAT I OBSERVED. AT THAT TIME DEPUTY THEN AND I, ACTIVATED OUR OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP AT THE SHELL STATION AT HIGHWAY 44 AND INDEPENDENCE. AS WE APPROACHED THE DEFENDANT, MR MAIKEL SOSA, HE OPENED HIS DOOR AND STOOD OUTSIDE HIS VEHICLE. HE WAS ASKED FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. THE DEFENDANT HAD TROUBLE RETRIEVING HIS DRIVER'S LICENSE FROM HIS WALLET, AND WHILE HE WAS DOING THIS HE KEPT SWAYING back AND FORTH. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE STATED NO. I ASKED THE DEFENDANT WHERE HE WAS GOING, TO WHICH HE ADVISED THAT HE WAS COMING HOME FROM WORK. IT SHOULD BE NOTED THAT WHILE I SPOKE with the DEFENDANT HIS SPEECH WS SLURRED AND I could NOT UNDERSTAND HIS ANSWERS. I THEN ASKED THE DEFENDANT A SECOND TIME WHERE HE WAS GOING, TO WHICH HE STATED HE WAS GOING HOME TO CITRA, FLORIDA. I ASKED THE DEFENDANT WHERE HE WAS NOW AND HE STATED HE WAS ON JACKSONVILLE ROAD. I ASKED THE DEFENDANT HOW HE would GO HOME FROM WHERE WE WERE AT WHICH TIME HE POINTED EAST AND STATED, IT WAS A LONG WAY DOWN JACKSONVILLE ROAD. WHEN THE DEFENDANT WAS ADVISED THAT WE WERE IN INVERNESS AND THAT HE WAS ON STATE ROAD 44 HE WAS INSISTENT THAT IT WAS JACKSONVILLE ROAD. I AGAIN ASKED THE DEFENDANT IF HE WAS SURE HE HAD NOT BEEN DRINKING BECAUSE I COULD SMELL AN ODOR OF ALCOHOL EMITTING FROM HIM, TO WHICH HE REPLIED THAT HE HAD TWO BEERS. I THEN ASKED THE DEFENDANT IF HE would PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. THE FIRST TASK WAS THE ROMBERG ALPHABET. THE TASK WAS EXPLAINED and DEMONSTRATED TO THE DEFENDANT. DURING THE TASK THE DEFENDANT KEPT SWAYING APPROXIMATELY FOUR TO SIX INCHES, AND WHEN HE GOT THE LETTER "R" HE STOPPED RECITING THE ALPHABET. WHEN I ASKED HIM TO CONTINUE HE STARTED WITH THE LETTER "P", AND CONTINUED THEN STOPPED WITH THE LETTER "X". WHEN ASKED TO CONTINUE, HE STATED HE WAS DONE. IT SHOULD BE NOTED THAT PRIOR TO BEGINNING THE TASK THE DEFENDANT WAS ASKED IF HE KNEW THE ALPHABET, TO WHICH HE STATED HE DID. THE SECOND TASK WAS FINGER TO NOSE. THE TASK WAS EXPLAINED AND DEMONSTRATED. EACH TIME THE DEFENDANT would TOUCH his NOSE HE WOULD HOLD HIS FINGER THERE, AND HAD TO BE TOLD TO PLACE HIS ARM BACK OUT TO HIS SIDE. I EXPLAINED THIS TO THE DEFENDANT THREE TIMES. EACH TIME THE DEFENDANT would CONTINUE AND THEN TURN HIS HEAD TO MEET HIS FINGER. THE THIRD TASK WAS THE ONE LEG STAND. THE DEFENDANT WAS ASKED IF HE HAD ANY BACK AND OR LEG PROBLEMS THAT WOULD PREVENT HIM FROM COMPLETING THIS TASK TO WHICH HE STATED, NO. THE TASK WAS DEMONSTRATED AND THE DEFENDANT WAS TOLD TO BEGIN. INITIALLY HE ATTEMPTED TO RAISE HIS LEFT FOOT BUT KEPT STUMBLING. THE DEFENDANT THEN ATTEMPTED TO RAISE HIS RIGHT FOOT BUT again KEPT STUMBLING. THE DEFENDANT ALSO NEVER GOT TO THE NUMERAL ONE WITHOUT STUMBLING. HE THEN ADVISED THAT HE COULD NOT DO THE TASK. THE FOURTH TASK WAS WALK AND TURN. THE TASK WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT THEN TOOK TWO HEEL TO TOE STEPS, AND THEN STUMBLED. HE THEN TOOK TWO MORE STEPS THAT WERE NOT HEEL TO TOE, AND WALKED OFF THE LINE. THE DEFENDANT THEN ATTEMPTED TO COMPLETE THE TASK BUT THEN STUMBLED ON STEP SIX AND SEVEN. AFTER THE FOURTH TASK THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DUI. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNING AND THE FLORIDA IMPLIED CONSENT LAW. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. HE WAS THEN ISSUED A FLORIDA UNIFORM TRAFFIC DUI CITATION NUMBER 9312-XAI. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
