| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR15-17341) 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 112115, AT APPROXIMATELY 0208 HOURS, K-9 DEPUTY LABORDA (0735) REQUESTED THAT I RESPOND TO HIS TRAFFIC STOP IN REFERENCE TO THE OPERATOR BEING UNDER THE INFLUENCE OF ALCOHOL. AT THAT TIME, I ASKED THE DEFENDANT, MR RAY EUGENE HILL, IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED HE HAD SURGERY ON HIS LEFT KNEE AND LEFT ARM AND COULD NOT PERFORM SOME OF THE TASKS. I THEN REQUESTED IF HE WAS WILLING TO SUBMIT TO OTHER TASKS, AND HE JUST REPEATED THAT HE HAD SURGERY ON HIS KNEE AND ARM. I THEN ASKED THE DEFENDANT IF HE WAS REFUSING TO SUBMIT TO ANY TASKS AND HE STATED, "NO, I JUST HAD SURGERY ON MY KNEE AND ARM." IT WAS AT THAT POINT HE STATED, "JUST TAKE ME TO JAIL." HE THEN TURNED AROUND AND PLACED HIS ARMS BEHIND HIS BACK. AFTER PLACING HANDCUFFS ON THE SUBJECT, I ATTEMPTED TO READ HIM HIS MIRANDA WARNINGS AND WHILE READING THEM HE HELD HIS HEAD DOWN REFUSING TO ACKNOWLEDGE ANY OF THE WARNINGS. WHEN I REPEATED THE WARNINGS ASKING THE DEFENDANT TO LOOK AT ME AND ANSWER IF HE UNDERSTOOD, HE ONLY STATED, "I THINK YOU ANSWERED YOUR OWN QUESTIONS." I THEN ADVISED HIM THAT THE REFUSAL TO SUBMIT TO THE SOBRIETY TASKS AND/OR A LAWFUL TEST OF HIS BREATH COULD RESULT IN SUSPENSION. THE DEFENDANT DID NOT ACKNOWLEDGE. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE, CONVEYED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS PRESENTED TO CORRECTIONS CORPORATION OF AMERICA OFFICER, SEAN MCCAZZIO, FOR LAWFUL TEST OF HIS BREATH. ONCE AGAIN, THE DEFENDANT WOULD NOT ACKNOWLEDGE ANY OF HIS MIRANDA WARNINGS OR FLORIDA IMPLIED CONSENT, FURTHER REFUSING TO ALLOW THE BREATH TEST TO BE ADMINISTERED. AT THAT POINT, THE TEST WAS CONSIDERED A REFUSAL. I THEN PREPARED FLORIDA UNIFORM CITATION, NUMBER A44K4QE, FOR REFUSAL TO SUBMIT TO A BREATH ALCOHOL TEST WITH A COURT DATE OF 121015, AT 1300 HOURS. FURTHER, AS A RESULT OF THE INITIAL TRAFFIC STOP, K-9 DEPUTY LABORDA ISSUED THE DEFENDANT A WRITTEN WARNING, NUMBER 396017B, FOR UNLAWFUL SPEED OF DRIVING 72 MILES PER HOUR IN A 55 MILE PER HOUR ZONE AND A FLORIDA UNIFORM TRAFFIC CITATION FOR THE CRIMINAL TRAFFIC CHARGE OF DRIVING WHILE LICENSE SUSPENDED, FOURTH CHARGE, NUMBER A1BUG4P, WITH A COURT DATE OF 121015, AT 1300 HOURS. THE DEFENDANT'S VEHICLE WAS LEFT PARKED SAFELY OFF THE EDGE OF THE ROADWAY WITH THE OWNER NOTIFIED OF ITS LOCATION. A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE REVEALED THAT HE HAD THREE PRIOR DRIVING UNDER THE INFLUENCE CONVICTIONS ON 092898, 012099, AND 062909, WITH THE CONVICTION ON 062909, BEING A REFUSAL TO SUBMIT TO A BREATH TEST. THE DEFENDANT WAS ADVISED OF THE CHARGES PLACED AGAINST HIM AND OF THE $1000.00 BOND PER THE BOND SCHEDULE. IT SHOULD BE NOTED THAT VIDEO RECORDING OF THIS INCIDENT WAS NOT AVAILABLE DUE TO MY IN-CAR CAMERA NOT OPERATING PROPERLY AT THAT TIME. |
