| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR08105854) 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. ON 102108 I WAS DISPATCHED TO THE CIRCLE K LOCATED AT 5601 SOUTH FLORIDA AVENUE IN FLORAL CITY IN REFERENCE TO AN INTOXICATED DRIVER. WHILE EN ROUTE TO THE CALL THE DISPATCH SCREEN ADVISED THAT THE SUSPECT WAS CURRENTLY IN THE BATHROOM INSIDE THE STORE. THE DISPATCH SCREEN ALSO ADVISED THAT THE SUSPECT'S VEHICLE WAS A WHITE PONTIAC AND HAD FLORIDA TAG P785BP ATTACHED TO IT. AS I WAS COMING INTO THE AREA DISPATCH ADVISED THE VEHICLE WAS CURRENTLY TRAVELING SOUTHBOUND ON SOUTH FLORIDA AVENUE. AT WHICH TIME, I OBSERVED A WHITE VEHICLE TRAVELING TOWARDS ME AT A HIGH RATE OF SPEED, WHICH I ESTIMATED TO BE APPROXIMATELY 75 MILES PER HOUR. I THEN ACTIVATED MY IN CAR RADAR UNIT, RECEIVED A HIGH PITCH DOPPLER AUDIO TONE, AND NOTED A READOUT OF 74 MILES PER HOUR. IT SHOULD BE NOTED THAT THIS AREA IS DESIGNATED AS A 45 MILE PER HOUR ZONE. I THEN PROCEEDED TO MAKE A U-TURN AND CAUGHT UP TO THE VEHICLE IN THE AREA OF SOUTH FLORIDA AVENUE AND MAGNOLIA. AT WHICH TIME, I ACTIVATED MY EMERGENCY LIGHTS. THE VEHICLE CONTINUED FOR A DISTANCE AND THEN BEGAN TO PULL OFF THE SIDE OF THE ROADWAY. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT AND REQUEST HIS DRIVERS LICENSE AND REGISTRATION. THE DEFENDANT WAS UNABLE TO LOCATE HIS REGISTRATION AND WHEN HE ATTEMPTED TO LOCATE HIS DRIVERS LICENSE HE DROPPED EVERY CARD OUT OF HIS WALLET. I EXPLAINED TO THE DEFENDANT THAT I HAD STOPPED HIM FOR TRAVELING 75 MILES PER HOUR IN A 45 MILE PER HOUR ZONE, TO WHICH HE REPLIED SEVERAL TIMES THAT HE WAS GOING HOME AND "JUST LIVED RIGHT THERE IN THOSE APARTMENTS", POINTING TO A HOUSE THAT WAS NEXT TO THE ROADWAY. I ASKED THE DEFENDANT IF HE STILL LIVED AT THE ADDRESS ON HIS DRIVERS LICENSE, WHICH I RECITED TO THE DEFENDANT, TO WHICH HE REPLIED THAT HE DID. IT SHOULD BE NOTED THAT THE DEFENDANT WAS SEVERAL MILES FROM HIS RESIDENCE AND THAT HE WAS TRAVELING IN THE WRONG DIRECTION. WHILE SPEAKING WITH THE DEFENDANT I NOTICED HIS EYES TO BE GLASSY AND BLOOD SHOT, HIS SPEECH TO BE SLURRED, AND AN ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. I ALSO NOTED NUMEROUS BEER CANS IN BOTH THE FRONT AND BACK SEATS. AT THAT TIME, DEPUTY BAIRD ARRIVED ON SCENE AS A BACKUP UNIT AND I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE. I INFORMED THE DEFENDANT THAT I HAD CONCERNS FOR HIS ABILITY TO DRIVE AND ASKED THAT HE SUBMIT TO ROAD SIDE SOBRIETY TASKS, TO WHICH HE AGREED. I THEN ASKED THE DEFENDANT IF HE HAD ANY PROBLEMS WITH HIS EYES, TO WHICH HE REPLIED THAT HE HAD EYE PROBLEMS, BUT THOSE PROBLEMS WERE CORRECTED WITH GLASSES. HE ADDITIONALLY STATED THAT HE DID NOT HAVE DIABETES NOR DID HE HAVE ANY MAJOR PROBLEMS WITH HIS NECK OR BACK OTHER THAN OCCASIONAL PAIN. DURING THE TIME THE DEFENDANT WAS OUTSIDE HIS VEHICLE I CONTINUED TO SMELL THE ALCOHOLIC ODOR COMING FROM THE DEFENDANT'S PERSON. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. A LOCATION THAT WAS RELATIVELY FLAT WITH A PREPRINTED LINE WAS SELECTED FOR THIS TASK. DURING THIS TASK, THE DEFENDANT TOOK NINE STEPS FORWARDS AS IF LEISURELY WALKING, COMPLETELY FAILING TO TOUCH HEAL TO TOE AS INSTRUCTED. THE DEFENDANT THEN STATED THAT HE DID NOT FEEL THAT THE LOCATION SELECTED WAS LEVEL ENOUGH. AT WHICH TIME, I RETRIEVED YELLOW TAPE FROM THE TRUNK OF MY VEHICLE AND CREATED A NEW LINE SEVERAL FEET FROM THE PREPRINTED LINE. THE TASK WAS ONCE AGAIN EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT AND THE DEFENDANT WAS ONCE AGAIN ASKED TO PERFORM THE TASK. THE DEFENDANT ONCE AGAIN TOOK NINE LEISURELY STEPS AND STOPPED. HE WAS THEN REMINDED THAT HE WAS REQUIRED TO TURN AND TAKE NINE STEPS BACK. AT WHICH TIME, HE COMPLIED ONCE AGAIN TAKING NINE LEISURELY STEPS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS RIGHT LEG INCLUDING HIS KNEE TO THE COUNT OF EIGHT. AT WHICH TIME, HE RETURNED HIS FOOT TO THE GROUND. HE THEN CHANGED LEGS RAISED HIS LEFT FOOT INCLUDING HIS KNEE AND COUNTED TO FIVE. AT WHICH TIME, HE ONCE AGAIN REPLACED HIS FOOT ONTO THE GROUND. HE THEN LIFTED HIS RIGHT FOOT INCLUDING HIS KNEE ONCE AGAIN COUNTED TO THE COUNT OF FIVE AND ONCE AGAIN REPLACED HIS FOOT ON THE GROUND. THIS TASK WAS THEN ENDED. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO BEGINNING THE TASK IT WAS EMPHASIZED TO THE DEFENDANT THAT ONCE HE TOUCHED THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE THAT HE WOULD BE REQUIRED TO RETURN HIS ARM TO HIS SIDE AND WAS TOLD THAT HE WOULD NOT BE REMINDED DURING THE TASKS. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE ON EACH ATTEMPT, FAILED TO RETURN HIS ARM TO HIS SIDE ON EACH ATTEMPTED DESPITE BEING REMINDED NUMEROUS TIMES, AND USED THE WRONG HAND TWICE. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND HIS VEHICLE WAS SEARCHED INCIDENT TO ARREST. A SEARCH OF THE DEFENDANT'S VEHICLE REVEALED THREE EMPTY ONE PINT BUDWEISER CANS, THREE EMPTY 16 OUNCE BUDWEISER BEER CANS, FOUR EMPTY 12 OUNCE BUDWEISER BEER CANS AND FIVE UNOPENED BOTTLES OF BUDWEISER BEER. ALSO LOCATED IN THE PASSENGER SEAT WITHIN REACH OF THE DEFENDANT WAS A GLASS JAR THAT WAS MARKED "SHINE ON GEORGIA MOON CORN WHISKEY 40 PERCENT ALC" I OPENED THE JAR, WHICH WAS NOT SEALED AND WAS APPROXIMATELY A QUARTER OF THE WAY FULL AND NOTED A STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE COMING FROM THE CONTAINER. THE DEFENDANT WAS UNABLE TO PROVIDE INFORMATION REGARDING ANYONE WHO COULD RESPOND TO THE SCENE TO RETRIEVE THE VEHICLE, THEREFORE, IT WAS TOWED BY SCALLY'S TOWING TO THE IMPOUND LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE AT THE DETENTION FACILITY THE DEFENDANT LOST BALANCE WHILE WALKING INTO THE ENTRANCE OF THE DETENTION FACILITY AND NEARLY STRUCK HIS HEAD ON THE WALL. ONCE INSIDE THE INTAKE ROOM AND AFTER THE HANDCUFFS WERE REMOVED HE ONCE AGAIN LOST BALANCE AN FELL INTO THE METAL DETECTOR KNOCKING IT OVER. THE DEFENDANT WAS THEN TURNED OVER TO CORRECTIONAL OFFICER EVERETT OF THE CITRUS COUNTY DETENTION FACILITY. OFFICER EVERETT REQUESTED THAT THE DEFENDANT SUBMIT TO A LAWFUL TEST OF HIS BREATH, TO WHICH HE AGREED. HE THEN PROVIDED AN INITIAL BREATH SAMPLE OF .210 AND A SUBSEQUENT SAMPLE OF .200. THE DEFENDANT WAS THEN ISSUED CITATION NUMBER 6693-FGW, FOR UNLAWFUL 74 MILE PER HOUR IN A 45 MILE PER HOUR ZONE, CITATION 6694-FGW, FOR OPEN CONTAINER, AND CITATION 4274-XDX FOR, DRIVING UNDER THE INFLUENCE. A MANDATORY COURT DATE OF 110308 AT 0830 HOURS WAS ALSO SET. I LATER MADE CONTACT WITH THE ON DUTY CLERK AT CIRCLE K WHO STATED THAT THE DEFENDANT HAD COME INTO THE STORE ATTEMPTING TO PURCHASE ALCOHOLIC BEVERAGES, HOWEVER, SHE REFUSED THE SALE. SHE ADVISED THAT THE DEFENDANT APPEARED TO BE HIGHLY INTOXICATED. A WRITTEN STATEMENT WAS OBTAINED FROM THE CLERK WHICH WAS SUBSEQUENTLY SUBMITTED TO THE RECORDS DIVISION FOR INCLUSION WITH THIS CASE. *NOT-EXEMPT* |
