| Probable cause affidavit: |
SUBMITTED BY: NEWTON, LAURA 0459 (AR11120614) 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(2)(A)2ND; ON 050511 AT 0100 HOURS, I RESPONDED TO HIGHWAY 19 AND WEST FAIR ACRES PLACE, WHERE I WAS MET BY DEPUTY TACKETT. DEPUTY TACKETT HAD REQUESTED MY RESPONSE IN REFERENCE TO A DRIVING UNDER THE INFLUENCE INVESTIGATION. UPON MY ARRIVAL, I OBSERVED THE DEFENDANT, MR ROBERT COTTEY JR, SEATED IN THE REAR SEAT OF DEPUTY S PHILLIPS' PATROL VEHICLE. AS I SPOKE WITH THE DEFENDANT, I IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH, HIS SPEECH WAS SLURRED AND HE WAS ARGUING WITH DEPUTY TACKETT. I ASKED THE DEFENDANT WHERE HE WAS FROM, TO WHICH HE ADVISED "UP NORTH". WHEN I ASKED THE DEFENDANT FOR A MORE SPECIFIC LOCATION, HE REFUSED TO PROVIDE ME WITH ONE. I ASKED THE DEFENDANT WHAT HIS PURPOSE WAS IN OUR COUNTY, TO WHICH HE ADVISED, HE WAS WATCHING HIS MOTHER'S RESIDENCE. THE DEFENDANT WOULD NOT PROVIDE ME WITH ANY SPECIFIC INFORMATION AS TO THE ADDRESS OF HIS MOTHER'S RESIDENCE OR WHERE HIS MOTHER WAS. DEPUTY TACKETT HAD LOCATED THE DEFENDANT DRIVING NORTHBOUND ON HIGHWAY 19, AFTER WE HAD RECEIVED A CALL FOR SERVICE AT 3279 WEST SUSAN LANE IN REFERENCE TO A SUSPICIOUS VEHICLE THAT WAS CIRCLING THE AREA. DEPUTY TACKETT ADVISED THAT WHEN HE LOCATED THE VEHICLE, THE DRIVER WAS UNABLE TO MAINTAIN CONTROL AND STAY IN HIS LANE OF TRAVEL. HE ADVISED THE VEHICLE HAD RUN OFF THE ROAD SEVERAL TIMES AT WHICH TIME HE CONDUCTED A TRAFFIC STOP AND MADE CONTACT WITH THE DEFENDANT AS THE DRIVER OF THE VEHICLE. I ADVISED THE DEFENDANT, THAT I BELIEVED THAT HE WAS UNDER THE INFLUENCE OF ALCOHOL AND REQUESTED HE PERFORM FIELD SOBRIETY TASKS. THE DEFENDANT ADVISED THAT "HE MIGHT". I ADVISED THE DEFENDANT THAT "MIGHT" WAS NOT A DEFINITE ANSWER AND THAT I NEEDED TO KNOW IF HE WOULD OR WOULD NOT SUBMIT TO FIELD SOBRIETY TASKS. THE DEFENDANT STATED "MAYBE". THIS WENT ON SEVERAL TIMES; I WOULD ASK THE DEFENDANT TO SUBMIT TO FIELD SOBRIETY TASKS AND HE WOULD NEITHER AGREE OR DISAGREE. THE FINAL TIME I ASKED, THE DEFENDANT ADVISED THAT HE WOULD LIKE HIS ATTORNEY. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO TRANSPORT DEPUTY TACKETT ISSUED THE DEFENDANT WARNING NUMBER 319388B FOR FAILING TO MAINTAIN A SINGLE LANE. THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMS TOWING AND THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING WHERE HE WAS TURNED OVER TO DETENTION STAFF. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .157 AND .152. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, SECOND OFFENSE, WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4531-XDX-2 WITH A MANDATORY COURT APPEARANCE ON 051911 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
