| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DAN 0443 (AR07100326) DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). AND 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 111407 AT APPROXIMATELY 0108 HOURS WHILE CONDUCTING TRAFFIC ENFORCEMENT ON COUNTY ROAD 491 IN BEVERLY HILLS, I OBSERVED A VEHICLE TRAVELING NORTHBOUND ON COUNTY ROAD 491 NEAR THE INTERSECTION OF ROOSEVELT BOULEVARD. AS THE VEHICLE APPROACHED THE INTERSECTION OF ROOSEVELT BOULEVARD, THE VEHICLE SUDDENLY CAME TO A STOP, HOWEVER THE LIGHT WAS GREEN. THE VEHICLE AGAIN BEGAN TRAVELING NORTHBOUND. AS I OBSERVED THE VEHICLE APPROACH MY STATIONARY LOCATION, I OBSERVED THE VEHICLE MAKING ERRATIC TURNS TO THE LEFT AND RIGHT, SWERVING WITHIN ITS LANE OF TRAVEL. AFTER THE VEHICLE PASSED MY LOCATION, I BEGAN FOLLOWING THE VEHICLE, AT WHICH TIME I IDENTIFIED THE VEHICLE AS A WHITE FORD FOUR-DOOR PASSENGER VEHICLE, BEARING FLORIDA TAG X626FC. AS I BEGAN FOLLOWING THE VEHICLE, IT WAS TRAVELING 35 MILES PER HOUR IN A 40 MILES PER HOUR ZONE. THE VEHICLE CONTINUED TO SWERVE WITHIN ITS LANE OF TRAVEL, AND THE DRIVER OF THE VEHICLE WAS MAKING ERRATIC TURNS IN AN ATTEMPT TO REMAIN IN HIS LANE. AFTER FOLLOWING THE VEHICLE FOR APPROXIMATELY A QUARTER OF A MILE, I INITIATED MY OVERHEAD LIGHTS, AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE ON COUNTY ROAD 491, JUST NORTH OF WEST MURRAY STREET. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR RAYMOND NARVAEZ, I OBSERVED HIS EYES TO BE PARTIALLY CLOSED AND HIS EYES WERE GLASSY AND BLOODSHOT. I REQUESTED THE DEFENDANT'S DRIVERS LICENSE, AT WHICH TIME HE STATED HE DID NOT HAVE A DRIVERS LICENSE. I ASKED HIM WHERE HIS DRIVERS LICENSE WAS, TO WHICH HE STATED HE DID NOT POSSESS A VALID DRIVERS LICENSE, AND THAT HIS DRIVERS LICENSE WAS SUSPENDED FOR FAILING TO PAY CHILD SUPPORT. WHILE SPEAKING WITH THE DEFENDANT, HIS SPEECH WAS SLOW AND SLURRED, AND I DETECTED A MODERATE ODOR OF ALCOHOL EMITTING FROM HIS BREATH. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED, "THE BAR." I ASKED HIM HOW MUCH HE HAD TO DRINK, TO WHICH HE STATED, "A FEW." I ASKED THE DEFENDANT IF HE COULD GIVE ME A NUMBER, TO WHICH HE STATED, "NO, JUST A FEW.” I RETURNED TO MY VEHICLE AND CONDUCTED A COMPUTER CHECK OF THE DEFENDANT'S DRIVERS LICENSE, WHICH REVEALED THAT THE DEFENDANT DID NOT POSSESS A FLORIDA DRIVERS LICENSE, ONLY A FLORIDA IDENTIFICATION CARD. IT ADDITIONALLY REVEALED THAT THE DEFENDANT'S DRIVING PRIVILEGE WAS SUSPENDED AND THAT HE HAD RECEIVED NOTICE BY COURT ORDER OR PRIOR "UTC." THE COMPUTER CHECK REVEALED THE DEFENDANT'S DRIVERS LICENSE WAS SUSPENDED ON 092404 FOR SIX MONTHS FOR UNLAWFUL BLOOD ALCOHOL CONTENT, SUSPENDED ON 122104 FOR 180 DAYS FOR DRIVING UNDER THE INFLUENCE AND SUSPENDED ON 042105 FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY. I AGAIN MADE CONTACT WITH THE DEFENDANT AND REQUESTED HIM TO EXIT HIS VEHICLE. AS HE EXITED HIS VEHICLE, HE WAS UNSTEADY ON HIS FEET, AND PLACED HIS HAND ON HIS VEHICLE TO STEADY HIMSELF. THE DEFENDANT WALKED IN A STAGGERING MANNER TOWARDS THE FRONT OF MY PATROL VEHICLE. DUE TO THE DEFENDANT'S OUTWARD SIGNS OF IMPAIRMENT AND DRIVING WHILE HIS LICENSE WAS SUSPENDED, HE WAS PLACED UNDER ARREST. THE DEFENDANT WAS READ IMPLIED CONSENT PER PREPARED CARD, AT WHICH TIME DEFENDANT REFUSED TO PROVIDE EITHER A BREATH OR BLOOD SAMPLE. THE DEFENDANT WAS ADVISED OF HIS MIRANDA RIGHT PER PREPARED CARD, AT WHICH TIME THE DEFENDANT REFUSED TO ANSWER ANY FURTHER QUESTIONS. THE DEFENDANT WAS PLACED IN BACK SEAT OF PATROL VEHICLE AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT AGAIN REFUSED TO PERFORM ANY FIELD SOBRIETY TASKS AND REFUSED TO PROVIDE A BREATH OR BLOOD TEST. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 4123ETP FOR DRIVING WHILE LICENSE SUSPENDED, 4122ETP FOR DRIVING WITH NO VALID DRIVER'S LICENSE AND 7531XAD FOR DRIVING UNDER THE INFLUENCE, REFUSAL TO SUBMIT. THE DEFENDANT'S BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
