| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09109628) 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)(B)(3). AND DID UNLAWFULLY DRIVE UPON THE HIGHWAYS AND ROADWAYS OF THIS STATE WHILE UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY OR PERSON OF ANOTHER IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(C)(1) AND DID UNLAWFULLY DRIVE UPON THE HIGHWAYS AND ROADWAYS OF THIS STATE WHILE KNOWING THAT HIS DRIVER'S LICENSE WAS SUSPENDED/REVOKED (3RD CONVICTION) IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C). AND DID DRIVE UPON THE HIGHWAYS AND ROADWAYS OF THIS STATE WITH HIS DRIVER'S LICENSE EXPIRED FOR MORE THAN FOUR MONTHS IN VIOLATION OF FLORIDA STATE STATUTE 322.03(5). ON 061909, AT APPROXIMATELY 1653 HOURS, A TRAFFIC CRASH WAS REPORTED IN THE AREA OF U.S. HIGHWAY 19 AND 3RD AVENUE. UPON MY ARRIVAL, DEPUTY MARSHALL WAS ALREADY ON SCENE AND VEHICLES HAD BEEN REMOVED OFF OF THE ROADWAY. I OBSERVED VEHICLE ONE HAVING FRONT END DAMAGE AND VEHICLE TWO HAVING REAR END DAMAGE CONSISTENT WITH VEHICLE ONE STRIKING VEHICLE TWO IN THE REAR END. DURING THE TRAFFIC CRASH INVESTIGATION, THE DEFENDANT ADVISED HE WAS ON HIS WAY HOME FROM WORK AND THAT THAT HE GOT OFF AT 1400 HOURS. I POINTED OUT THE FACT THAT THE CRASH OCCURRED AT 1700 HOURS AND THE DRIVER DID NOT SEEM TO COMPREHEND THE THREE HOUR TIME LAPSE. I AGAIN REPEATED THAT HE GOT OFF AT 1400 HOURS AND WAS DRIVING STRAIGHT HOME WHEN THE VEHICLE IN FRONT OF HIM STOPPED DUE TO TRAFFIC AND HE WAS UNABLE TO STOP PRIOR TO THE COLLISION. I THEN MADE CONTACT WITH THE DRIVER OF VEHICLE TWO WHO ADVISED THAT HE WAS STOPPED WITH TRAFFIC AND THAT THEY HAD JUST STARTED PROCEEDING FORWARD WHEN HE SAW THE VEHICLE COMING UP QUICKLY FROM BEHIND. I THEN ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE SINCE HE HANDED ME AN IDENTIFICATION CARD FROM TEXAS WHICH WAS EXPIRED ON 041609. THE DEFENDANT ADVISED THAT HE HAD HIS DRIVER'S LICENSE IN THE TRUCK AND HANDED ME FOUR PAGES OF WHAT APPEARED TO BE COURT DOCUMENTS. THE DEFENDANT ADVISED THAT THAT THIS WAS HIS OCCUPATIONAL DRIVER'S LICENSE WHICH ALLOWED HIM TO DRIVE. THE AFOREMENTIONED PAPERWORK ADVISED, THAT HE WAS ONLY ALLOWED TO DRIVE FROM AN ADDRESS IN TEXAS WHICH WAS HIS RESIDENCE THREE MONTHS AGO TO AN ADDRESS IN TEXAS WHICH WAS WHERE HE WORKED THREE MONTHS AGO. I FURTHER OBSERVED THAT SAID PAPERWORK WAS DOCUMENTATION FROM A TEXAS JUDGE WHICH ADVISED HIS LICENSE WAS SUSPENDED FOR A PRIOR DUI. THE DRIVER OF VEHICLE TWO STATED THAT HE HAD ADVISED HIS CHILDREN TO HOLD ON AND THAT IS WHEN HE WAS STRUCK. AFTER COMPLETING THE TRAFFIC CRASH INVESTIGATION, I ADVISED THE DEFENDANT I WOULD BE CITING HIM FOR THIS CRASH. I THEN ADVISED HIM THAT I WOULD BE INVESTIGATING THE FACT THAT I THOUGHT HE WAS DRIVING UNDER THE INFLUENCE DURING THIS CRASH. I ADVISED THE DRIVER I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH, THAT HE HAD WATERY BLOOD SHOT EYES, AND THAT HE SEEMED DAZED AND CONFUSED. THE DEFENDANT STATED THAT HE HAD NOT BEEN DRINKING. I THEN ASKED THE DRIVER IF THE ALCOHOL THAT I DETECTED WAS FROM HIM DRINKING HEAVILY THE NIGHT BEFORE TO WHICH HE STATED "YES". I ASKED THE DRIVER IF HE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASK TO WHICH HE STATED THAT HE WOULD. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES OTHER THAN A PRIOR DETACHED RETINA ON HIS RIGHT EYE. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS HOWEVER, THE DEFENDANT MISSED HEEL TO TOE MORE THAN THREE TIMES IN EACH DIRECTION, STEPPED OFF THE LINE WHILE GOING AWAY FROM ME AND STEPPED OFF THE LINE LINE AGAIN COMING TOWARDS ME. THE DEFENDANT ALSO FAILED TO COUNT OUT LOUD PER THE INSTRUCTIONS, TOOK EIGHT STEPS AWAY INSTEAD OF THE REQUIRED NINE, AND LOST HIS BALANCE COMPLETELY COMING OFF THE LINE ON THE WAY BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS HOWEVER; HE WAS UNABLE TO KEEP HIS FOOT UP LONGER THAN THE COUNT OF TEN. AFTER THAT TIME, THE DEFENDANT ADVISED HE NO LONGER WISHED TO PARTICIPATE IN THIS TASK. IN SPEAKING TO HIM AT THIS POINT, HE FURTHER ADVISED THAT HE DID COME FROM WORK AND RESPONDED TO "CASTAWAYS BAR" WHERE HE HAD ONE DRINK DURING THE THREE HOUR LAPSE OF TIME PRIOR TO THE COLLISION. AT THAT POINT, I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I HANDCUFFED THE DEFENDANT (DOUBLE LOCKED) SECURED HIM IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TRANSFERRED OVER TO THE CORRECTIONAL STAFF FOR THE INTOXILYZER TESTING WHERE THE DEFENDANT REFUSED TO COMPLY. WHILE AT THE DETENTION FACILITY, CITRUS COUNTY CORRECTIONAL STAFF READ THE DEFENDANT HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT UNSECURED IN THE PARKING LOT WITH THE KEYS LEFT ON THE DRIVER'S SIDE FLOOR BOARD SO THAT HIS GIRLFRIEND COULD PICK UP THE VEHICLE PER THE DEFENDANT'S REQUEST. UPON FURTHER INVESTIGATION, I DID CONFIRM WITH TEXAS THAT HIS TEXAS DRIVER'S LICENSE WAS AND IS SUSPENDED. INVESTIGATION REVEALED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED ON 122408. TEXAS AUTHORITIES ADVISED THAT THEY DID NOT SHOW ANY RECORDS OF THIS DEFENDANT HAVING AN OCCUPATIONAL DRIVER'S LICENSE HOWEVER, EVEN IF HE DID, IT WAS STATED TO BE VALID ONLY IN TEXAS. THEY FURTHER ADVISED THAT HIS LICENSE HAD BEEN EXPIRED SINCE 041606. AFTER RUNNING A CRIMINAL HISTORY ON THE SUBJECT, IT REVEALED FIVE PRIOR DUI'S WITH THE FOLLOWING DATES OF; 070297, 092902, 042604, 092905, AND 092706. TODAY'S DUI CRASH WOULD PLACE THE DEFENDANT AT HAVING FIVE DUI'S SINCE 2002 ALSO AT LEAST THREE CONVICTIONS OF DRIVING WHILE LICENSE SUSPENDED IN TEXAS. THE DEFENDANT WAS CHARGED WITH ONE COUNT DUI WITH PROPERTY DAMAGE/INJURY, ONE COUNT DUI THIRD OR SUBSEQUENT OFFENSE, and ONE COUNT DRIVING ON AN EXPIRED DRIVERS LICENSE, ONE COUNT OPERATING MOTOR VEHICLE WHILE LICENSE IS SUSPENDED AND ONE COUNT OF CARELESS DRIVING. THE DEFENDANT WAS ISSUED A MANDATORY COURT DATE OF 071609 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT $20,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
