| Probable cause affidavit: |
SUBMITTED BY: HOUTS, SCOTT, DUNNELLON POLICE DEPARTMENT (AR14-9803) DUNNELLON CASE NUMBER D14-0686 DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A); AND DID COMMIT OR ATTEMPTED TO COMMIT A FELONY, DISPLAYS, USES, THREATENS, OR ATTEMPTS TO USE ANY FIREARM OR CARRIES A CONCEALED FIREARM, IN VIOLATION OF FLORIDA STATE STATUTE 790.07(2); AND DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PERCENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT WAS INVOLVED IN A TRAFFIC CRASH INVOLVING DAMAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1); 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 NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; AND THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062. On 040514 at approximately 1846 hours, I was flagged down by multiple people in reference to a vehicle accident that had just occurred in front of Crocâs Pub located at 20199 east pennsylvania aveNUE, which is located within the jurisdictional limits of the City of Dunnellon, in Marion County and the state of Florida. The witness on scene stated that she observed a black in color motorcycle occupied by the defendant leaned up against her truck. The witness stated that the defendant began to pull away, at which time I was approaching unaware of the situation. The witness advised me of what happened, at which time I activated my emergency lights and sirens in an attempt to stop the motorcycle. Upon activating my emergency lights and sirens, the motorcycle accelerated rapidly passing two vehicles on the right side in parking lanes on east Pennsylvania aveNUE. The vehicle continued to travel at a high rate of speed before turning south on hIGHwAy 41. the motorcycle again accelerated rapidly around a vehicle in the right hand lane of south u s hIGHwAy 41 at approximately the 12100 block of sOUTH u s hIGHwAy 41. the vehicle weaved in and out of traffic in an attempt to elude this officer. at this point my patrol vehicle speed was 66 miles per hour (MPH) in a 35 mph zone and the motorcycle was steadily pulling away from me. Upon entering citrus county, my vehicle speed was at 85 mph in a posted 45 mph zone and I began to close the gap between myself and the motorcycle. The vehicle then came to a stop in the parking lot of Too Your Health Spa (2174 Dunnellon Road also known as 488). I then advised the defendant to turn his motorcycle off, to which he did. I asked the defendant if he had seen or heard me behind him, to which he stated he did not. I could immediately detect the odor of AN alcoholic beverages emanating from the defendantâs breath and observed him to have bloodshot watery eyes. I asked the defendant how much he had been drinking today, to which he stated ânot a lotâ. I asked the defendant how much not a lot is, to which he stated âa couple of beers.â I then requested the defendant to peRform field sobriety exercises, to which he agreed. Prior to beginning, I observed the defendant to have urinated on himself. During the horizontal gaze Nystagmus, I asked the defendant if he had any problems with his eyes or if he wore glasses or contacts, to which he stated no. I observed the defendant to have bloodshot watery eyes and slurred speech. The defendant did not have equal tracking in either eye and lack of smooth pursuit. the defendant had sustained and distinct Nystagmus in his left and right eye, as well as distinct and sustained Nystagmus prior to 45 degrees. The defendant stated that he was unable to peRform the walk and turn due to having back trouble. The defendant stated that he was unable to peRform the one leg stand due to havING back tRouble. The defendant was then explained the instructions to the Romberg balance test. During the test the defendant counted out loud the first 5 seconds and was reminded to count silently the passage of 30 seconds. The defendant estimated the passage of 30 seconds in 35 seconds. I then advised the defendant that he was being placed under arrest for dRIVING UNDER THE INFLUENCE (Dui). An inventory of the defendantâs motorcycle prior to it being towed revealed a smith and Wesson .45 caliber semi-automatic handgun, serial number vbv4321, which was located in the left saddle bag of the motorcycle. The weapon was loaded with a round in the chamber and a 7 round magazine inserted. Also located was an additional 7 round magazine for the handgun. I then transported the defendant to the citrus county detention facility for booking and processing. Corrections Officer Ashley A Daddario again conducted SFSTS with the defendant the results are as follows: Walk and Turn- DefeNdant could not maintain balance. Finger to nose- did not keep eyes closed. A Daddario did state that the defendant was unsteady while walking, had bloodshot glossy eyes and could detect the odor of AN alcoholic beverage emanating from his breath from approximately 2 feet away. A Daddario also stated that the defendant had slurred speech. A Daddario stated that the defendant refused to submit to a lawful test of his breath to determine its alcohol content. The defendant was later issued a Dui citation for failure to submit to THE lawful test of HIS breath, citation number 6389-xef. Dui with property damage citation number 6390-xef. Fleeing and eluding, citation number AoHRX4P. Speeding citation, number A0HRX6P. |
