| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (AR08102093) 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(1) ON 030808, AT APPROXIMATELY 2341 HOURS, I WAS CONDUCTING A SECURITY CHECK ALONG THE RESIDENTIAL ROAD OF CYPRESS BOULEVARD WEST TRAVELLING EAST BOUND IN THE SUGAR MILL COMMUNITY IN HOMOSASSA. AS I APPROACHED THE INTERSECTION OF GOLFVIEW DRIVE TRAVELLING APPROXIMATELY 10-15 MILES PER HOUR (MPH) I OBSERVED A VEHICLE APPROACHING CYPRESS BOULEVARD WEST TRAVELLING SOUTHBOUND ON GOLFVIEW DRIVE AT A HIGH RATE OF SPEED APPEARING, TO BE ABOVE THE SPEED LIMIT. AS THE VEHICLE APPROACHED THE INTERSECTION, THE VEHICLE CAME TO A STOP HALFWAY PAST THE STOP SIGN INTO CYPRESS BOULEVARD WEST. UPON SLOWLY PASSING GOLFVIEW DRIVE, I OBSERVED TWO OCCUPANTS INSIDE THE VEHICLE CONDUCT A RIGHT TURN TRAVELLING WEST ON CYPRESS BOULEVARD WEST. I THEN STOPPED MY VEHICLE TO OBSERVE THE ACTIONS OF THE DRIVER/ DEFENDANT AND NOTICED THE DEFENDANT CAME TO AN ABRUPT STOP, PUT THE VEHICLE IN REVERSE, BACKED UP THE VEHICLE APPROXIMATELY FIFTEEN FEET AND THEN PROCEEDED TO DRIVE ON TO A DRIVEWAY IN FRONT OF A RESIDENCE. UPON CONDUCTING A U-TURN I OBSERVED THE DEFENDANT AND PASSENGER QUICKLY EXIT THE VEHICLE SHUTTING THE VEHICLE OFF AND WALKING TOWARDS THE FRONT OF THE RESIDENCE. I THEN SHINED A SPOT LIGHT AT THE FRONT OF THE RESIDENCE AND OBSERVED THE DRIVER WALKING TOWARDS MY DIRECTION WITH A WET STAIN ON HIS PANTS AT HIS LEFT INNER THIGH AREA, AND ON THE MIDDLE OF HIS SHIRT. UPON MAKING CONTACT WITH THE DEFENDANT, I REQUESTED HIS DRIVER'S LICENSE AND ASKED WHAT HIS PURPOSE WAS AT THIS RESIDENCE. HE ADVISED HE WAS VISITING A FRIEND. THE PASSENGER ALSO APPROACHED AS I WAS TALKING TO THE DEFENDANT. I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S PERSON AT WHICH TIME I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK THIS EVENING DUE TO THE ODOR THAT I DETECTED AND THE WET STAIN ON HIS PANTS. THE DEFENDANT ADVISED THAT HE DID NOT HAVE ANYTHING TO DRINK. AND THAT THE STAIN WAS DUE TO HIM PICKING UP HIS NIECE AND HOLDING HER IN HIS ARMS. I THEN ASKED THE DRIVER IF HE WOULD BE WILLING TO PERFORM SOME FIELD SOBRIETY TASK TO WHICH HE ADVISED " YES." PRIOR TO CONDUCTING THE TASK, I ASKED THE DRIVER AGAIN IF HE HAD ANYTHING TO DRINK AND HE ADVISED ONE GLASS OF WINE. 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 HAD AN OPERATION ON HIS RIGHT KNEE AND IS LEGALLY DISABLED. AFTER STATING THAT, HE ADVISED THAT HE IS STILL ABLE TO SUBMIT TO THE TASK THAT WAS REQUESTED. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. PRIOR TO THE TASK, I HAD TO EXPLAIN SEVERAL TIMES TO THE DEFENDANT TO KEEP HIS HEAD STRAIGHT WHILE MOVING HIS EYES. 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 THE DEMONSTRATION, THE DEFENDANT KEPT INTERRUPTING ME. I REQUESTED THE DEFENDANT TO REMAIN IN THE STARTING POSITION SEVERAL TIMES HOWEVER, THE DEFENDANT CONTINUED TO STEP OFF AND NOT COMPLY. AFTER SEVERAL ATTEMPTS I ADVISED THE DEFENDANT THAT I WAS MOVING ON TO THE NEXT TASK DUE TO HIS NON COMPLIANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CONTINUED ONCE AGAIN INTERRUPTING DURING THE DEMONSTRATION AFTER THIS DEPUTY ASKED REPEATEDLY FOR THE DEFENDANT TO HOLD OFF ON ALL QUESTIONS UNTIL THIS TASK WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT ASSURED ME THAT HE COULD STAND ON HIS LEFT LEG WITHOUT A PROBLEM TO COMPLETE THE TASK. THE DEFENDANT BEGAN THE TASK RAISING HIS ARMS, NOT LOOKING DOWN AT HIS FEET. THE DEFENDANT ALSO BEGAN LEANING AND SWAYING FROM SIDE TO SIDE THE DEFENDANT THEN PUT HIS FOOT DOWN ON ONE THOUSAND SIX. DOWN AND DID NOT CONTINUE THE TASK. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE UNDER INFLUENCE (DUI) . AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, HANDCUFFED, (DOUBLE LOCKED), PLACED INTO THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. CONTACT WAS MADE WITH THE HOMEOWNER WHO ADVISED THAT SHE KNEW THE DEFENDANT BUT THE DEFENDANT DID NOT HAVE ANY BUSINESS KNOCKING ON HER DOOR THIS TIME OF NIGHT. UPON ARRIVAL TO THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE ON PRIVATE PROPERTY. WHILE PATTING THE DEFENDANT DOWN, IT WAS DISCOVERED THE DEFENDANT WAS WEARING TWO PAIRS OF PANTS, WITH HIS POCKETS FULL OF DIFFERENT ITEMS. THOSE ITEMS WERE PLACED IN A PAPER BAG AND WAS LATER TURNED OVER TO THE DETENTION STAFF. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .074 AND .069 I THEN RE-READ THE IMPLIED CONSENT WARNING TO THE DEFENDANT AND REQUESTED HIM TO SUBMIT TO AN APPROVED TEST OF HIS URINE. HE ADVISED ME THAT HE WOULD NOT. I REQUESTED SEVERAL TIMES AND ADVISED HIM THAT THIS WOULD COUNT AS A REFUSAL AND THE DEFENDANT STATED "HELL NO I AM NOT SUBMITTING A SAMPLE OF MY URINE” THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 6966-XDO WITH A MANDATORY COURT APPEARANCE OF 032708 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8323-FIQ, FOR VIOLATION OF RESTRICTIONS ON DRIVER'S LICENSE REFERENCE BUSINESS PURPOSES ONLY WITH A MANDATORY COURT DATE OF 032708 AT 1300, HOURS. IT SHOULD BE NOTED; THE PASSENGER OF THE VEHICLE ADVISED THAT HE DID NOT KNOW THE HOMEOWNER OF THE RESIDENCE THEY STOPPED AT. THE PASSENGER ADVISED THAT HE HAS A SUSPENDED LICENSE WHICH IS WHY THE DEFENDANT WAS DRIVING. IT ALSO SHOULD BE NOTED, DURING TRANSPORT THE DEFENDANT MADE PROFANE COMMENTS TOWARDS THIS DEPUTY SUCH AS " FUCK YOU NIGGER" "FUCK YOU ASSHOLE" " YOU ARE A BIG MAN WITH A BADGE" AND CONTINUED TO MAKE SPANISH RACIAL REMARKS. *NOT-EXEMPT* |
