| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (13-110041) (AR13-6876) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT, MR MICHAEL WOOD II DID DRIVE THROUGH THE VICTIMâS FENCE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). 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 316.061(1). ON 081313 AT APPROXIMATELY 0838 HOURS, DEPUTY RICCI AND I RESPONDED TO 7032 NORTH DAMASCUS AVENUE, DUNNELLON, IN REFERENCE TO A TRAFFIC ACCIDENT. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR GREGORY KELLEY, AND THREE WITNESSES. THEY ALL ADVISED THAT THEY HAD OBSERVED A GREEN IN COLOR CONVERTIBLE TURN OFF OF WEST COPENHAGEN STREET ONTO NORTH DAMASCUS AVENUE. THEY ADVISED THE VEHICLE LOST CONTROL AND WENT THROUGH THE VICTIMâS FENCE LOCATED AT 7032 NORTH DAMASCUS AVENUE, DRIVE THROUGH THE YARD, BACK OVER THE FENCE AND THEN DRIVE SOUTH ON NORTH DAMASCUS AVENUE. THEY ADVISED THAT THERE WAS A HEAVY SET WHITE MALE WITH BLACK HAIR DRIVING THE VEHICLE AND AN OLDER WHITE MALE WITH WHITE HAIR IN THE PASSENGERâS SEAT. THEY ADVISED THE DRIVER WAS APPROXIMATELY 25 YEARS OF AGE. THEY ADVISED THAT THEY BEGAN YELLING FOR THE VEHICLE TO STOP, TO WHICH IT DID NOT AND CONTINUED SOUTH ON NORTH DAMASCUS AVENUE. THE VICTIM AND WITNESSES ADVISED THAT THEY GOT INTO THEIR VEHICLE AND ATTEMPTED TO FOLLOW THE DEFENDANT IN HIS VEHICLE. THEY ADVISED THAT THEY TURNED RIGHT ONTO WEST AMMAN STREET, TURNED LEFT ONTO NORTH KHYBER AVENUE, TURNED EAST ONTO WEST BAGDAD STREET, AND TURNED RIGHT ONTO WEST JEDI COURT. THEY ADVISED THAT THEY WERE NOT RIGHT BEHIND THE VEHICLE, BUT WERE FOLLOWING THE LIGHTS AND THE DIRECTION THAT IT WENT. THE VICTIM AND WITNESSES ADVISED THAT THEY FOUND THE VEHICLE AT THE END OF WEST JEDI COURT STUCK IN SUGAR SAND ON A DIRT ROAD IN THE WOODS. THEY ADVISED THAT THE DEFENDANT ASKED THEM TO TOW HIM OUT, SO THE VICTIM ASKED HIM âWHAT ABOUT MY FENCEâ. THE DEFENDANT YELLED THAT HE DID NOT KNOW WHAT THEY WERE TALKING ABOUT. THE VICTIM AND WITNESSES LEFT AND RETURNED TO THE INCIDENT ADDRESS AND CALLED LAW ENFORCEMENT. DEPUTY RICCI RESPONDED TO WEST JEDI COURT AND FOUND THE DEFENDANT WALKING DOWN THE ROAD COVERED IN SAND, CARRYING THE KEYS TO HIS VEHICLE. THE DEFENDANT SPONTANEOUSLY UTTERED TO DEPUTY RICCI âI WAS NOT DRIVINGâ. DEPUTY RICCI THEN PLACED THE DEFENDANT IN THE REAR OF HIS PATROL VEHICLE. I ARRIVED ON SCENE AND WE DROVE TO WHERE THE VEHICLE WAS STUCK. UPON ARRIVAL AT THE VEHICLE, I OBSERVED AN OLDER WHITE MALE LYING IN THE DIRT PASSED OUT. I EVENTUALLY AWOKE THE PASSENGER AND HE WAS TAKEN HOME BY A NEIGHBOR. UPON INSPECTION OF THE VEHICLE, THE SEAT WAS MOVED BACK TO ACCOMMODATE THE HEIGHT OF THE DEFENDANT. THE VEHICLE WAS REGISTERED TO THE DEFENDANT AND THE KEYS WERE IN THE DEFENDANTâS POSSESSION. I SPOKE WITH THE DEFENDANT AND ASKED HIM ABOUT THE TRAFFIC ACCIDENT, TO WHICH HE STATED HE WAS INEBRIATED BUT WAS NOT DRIVING. I ADVISED THE DEFENDANT THAT I HAD FOUR WITNESSES THAT PLACED HIM BEHIND THE WHEEL, TO WHICH HE STATED âOH WHATEVERâ. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANTâS BREATH. THE DEFENDANTâS SPEECH WAS HEAVILY SLURRED AND INCOHERENT AT TIMES. THE DEFENDANTâS ZIPPER WAS UNDONE AND HE WAS COVERED IN SAND. BASED UPON THESE SIGNS, I THEN ASKED THE DEFENDANT IF HE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED âI AM TOO INEBRIATED, SO I WILL FAIL THEM, SO NOâ. I TRIED TO EXPLAIN TO THE DEFENDANT WHAT COULD HAPPEN IF HE REFUSED THE FIELD SOBRIETY TASKS, TO WHICH HE STILL STATED NO HE WOULD NOT TAKE THEM AND PUT HIS HANDS BEHIND HIS BACK. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE AND LEAVING THE SCENE OF AN ACCIDENT, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANTâS VEHICLE WAS LEFT WITH DEPUTY RICCI TO BE TOWED BY KNIGHTLY TOWING PER THE DEFENDANTâS REQUEST. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT WHERE HE AGREED TO AN APPROVED TEST OF HIS BREATH WITH THE RESULTS BEING .153 AND .162. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE AND LEAVING THE SCENE OF AN ACCIDENT WITH A TOTAL BOND OF $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION NUMBER 7279XGA1 FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE AND UNIFORM TRAFFIC CITATION NUMBER 7423WQB2 FOR LEAVING THE SCENE OF AN ACCIDENT BOTH WITH A MANDATORY COURT APPEARANCE OF 091213 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7422WQB1 FOR CARELESS DRIVING WITH A FINE OF $166.00 PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. |
