| Probable cause affidavit: |
SUBMITTED BY: CONRAN, ALEXANDER, FLORIDA HIGHWAY PATROL 3518 (AR 15-13790) 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 Friday, February 6, 2015 I was conducting traffic enforcement (moving radar) on US 19 south of West Cypress Boulevard. I was traveling southbound on US 19, south of West Cypress Boulevard, in the inside lane when I observed a single vehicle traveling at a high rate of speed in the outside lane, northbound on US 19. I visually estimated the vehicles speed to be approximately 70 MPH. I then activated my Stalker Dual Radar and received a digital read of 73 in the target speed window, as well as a high audio doppler tone consistent with that speed. I then turned my vehicle around and got behind the vehicle, a silver in color Lincoln Navigator bearing the Florida tag 347RBX. Upon doing so, I observed the vehicle cross over the white painted line on the shoulder of the roadway. I then activated my emergency lights and initiated a traffic stop. The vehicle continued northbound on US 19 at approximately 45 MPH, passing two business driveways that it could have turned into. The vehicle crossed over the white painted line on the shoulder of the roadway several more times after I activated my emergency lights. The vehicle then moved into the right turn lane and made a wide right hand turn onto West Cypress Boulevard. After doing so, the vehicle immediately came to a complete stop in the middle of the roadway on West Cypress Boulevard. The vehicle then traveled east on West Cypress Boulevard and pulled over onto the painted median in the center of the roadway. I then approached the vehicle and made contact with the defendant. I could immediately smell the odor of consumed alcoholic beverage emitting from his person. I identified him as Otto Scott Speary by his Florida driver's license bearing the number S160-657-59-022-0. I then stated that I stopped him for traveling 73 MPH in a posted 55 MPH speed zone. Mr. Speary stated that it did not feel like he was going that fast. I then asked Mr. Speary where he was coming from and he stated, "I'm headed south to pick up my daughter." I stated "alright" and again asked Mr. Speary where he was coming from. Mr. Speary then looked at me with a blank stare and shrugged his shoulders. I then asked Mr. Speary a third time where he was coming from and he stated, "Crystal River, going to Ruskin to pick up my daughter." Mr. Speary then stated, "Just give me a break man, just let me go to my buddy's house, he lives right down the road." While speaking with Mr. Speary, his speech was slurred and mumbled. I then returned to my patrol car and ran the defendant through the NCIC/FCIC. Upon doing so I discovered that the defendant's driver license was not valid. I then wrote Mr. Speary citations for speed and driving with a suspended/cancelled/revoked driver's license. I then returned to Mr. Speary's vehicle and asked him to step out of his vehicle to speak with me. He then stated, "Why? How about I just talk to you like this." I then asked him to step out of his vehicle again to talk to me and he agreed. While stepping out of his vehicle he asked me what I stopped him for, I told him again for going 73 MPH in a posted 55 MPH speed zone. Mr. Speary then stated, "Oh yeah, that's right, 73 in a 55." Once Mr. Speary was out of his vehicle, I observed that he had urinated in his pants. Mr. Speary was unsteady on his feet. Mr. Speary then stated, "I have a bad back. I'm not going to walk any lines or anything like that." I then asked him to step back to the front of my patrol car. Mr. Speary stated, "How about we just talk right here?" I then asked him again to come back to the front of my patrol car, and he did. Mr. Speary then stayed leaning against the front of my patrol car and would not face me while I was trying to speak with him, he stood with his back to me and his hands clasped (fingers interlaced) behind his back. I then asked Mr. Speary if he was willing to do some field sobriety exercises, he refused. He then stated, "Can I just pull my truck to that parking lot over there? Then I can walk to my buddies house, he lives right down the road." I then, at 1:00 AM on Friday, February 06, 2015, placed Mr. Speary under lawful arrest for driving under the influence. I then handcuffed Mr. Speary behind his back and double locked the handcuffs. I then placed Mr. Speary in the back seat of my marked patrol car. I then, at 1:15 AM on Friday, February 06, 2015, read Mr. Speary his Miranda Rights from my department issued Miranda card. Mr. Speary agreed he understood his rights and stated he would speak to me. While speaking with Mr. Speary, he again asked me what I stopped him for. He also stated that he had a couple drinks at home. When I asked him what kind of drinks he had and how long ago he had them, he stated, "Nothing." and then stopped answering any questions. Mr. Speary was then transported to the Citrus County Jail, located in Citrus County, Florida, and booked for the charges listed in this document. Upon arriving at the Citrus County Jail, Mr. Speary again refused to do any field sobriety exercises. He also refused to provide a breath sample. Written by: Trooper Alexander C. Conran Florida Highway Patrol |
