| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL (AR13-5016) 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; DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 033013, AT APPROXIMATELY 0145 HOURS, DEPUTY INDORATO WAS WORKING TRAFFIC, DRIVING SOUTHBOUND ON NORTH CARL G ROSE HIGHWAY, AT WHICH POINT IN TIME HE HAD OBSERVED RED IN COLOR SUV VEHICLE TO BE APPROACHING THE STOP SIGN AT THE INTERSECTION OF FISHERMANâS LANE AND NORTH CARL G ROSE HIGHWAY. THIS VEHICLE FAILED TO COME TO A COMPLETE STOP AT THE STOP SIGN, AND TURNED NORTH ON NORTH CARL G ROSE HIGHWAY. UPON OBSERVING THIS, DEPUTY INDORATO MADE A U-TURN, AND FOLLOWED THE VEHICLE. HE THEN OBSERVED THAT THE TAG LIGHT OF THIS VEHICLE WAS OUT. THE VEHICLE THEN ACCELERATED TO A HIGH RATE OF SPEED; REACHING PACED SPEEDS OF 85 TO 90 MPH AS DEPUTY INDORATO FOLLOWED THE VEHICLE. DEPUTY INDORATO THEN ACTIVATED HIS OVERHEAD EMERGENCY LIGHTS AND SIREN, AND THE VEHICLE DID NOT STOP, BUT CONTINUED HEADING NORTH ON NORTH CARL G ROSE HIGHWAY AT A HIGH RATE OF SPEED. THIS VEHICLE THEN TURNED RIGHT ON EAST DELIGHT STREET, AT WHICH POINT THE VEHICLE FINALLY PULLED OVER TO THE SIDE OF THE ROAD. DEPUTY INDORATO THEN MADE CONTACT WITH THE DRIVER F THE VEHICLE, LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE, AS THE DEFENDANT, MR RYAN MATTHEW SCOTT. DEPUTY INDORATO ADVISED THAT UPON MAKING CONTACT WITH THE DEFENDANT, HE NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMANATING FROM THE VEHICLE. DEPUTY INDORATO THEN ASKED THE DEFENDANT WHY HE HAD NOT PULLED OVER AFTER SEEING HIS LIGHTS AND SIREN, AND THE DEFENDANT ADVISED THAT HE HAD JUST WANTED TO GET HOME. THE DEFENDANT THEN ADVISED DEPUTY INDORATO THAT HE DID NOT HAVE A DRIVER'S LICENSE ON HIM, BECAUSE IT WAS SUSPENDED FOR FAILURE TO PAY CHILD SUPPORT. DEPUTY INDORATO ADVISED THAT AS HE SPOKE WITH THE DEFENDANT, HE NOTICED THAT THE DEFENDANTâS SPEECH WAS SLURRED, HIS EYES WERE GLAZED, AND HIS BODY MOVEMENTS WERE PRONOUNCED AND SLOW. DEPUTY INDORATO THEN REQUESTED THIS DEPUTY TO RESPOND TO THE SCENE. UPON MY ARRIVAL, I MADE CONTACT WITH THE DEFENDANT. I IMMEDIATELY OBSERVED THAT THE DEFENDANT HAD AN EXTREMELY SLOW REACTION TIME, AND HAD A HARD TIME FOCUSING AND CONCENTRATING. THE DEFENDANT HAD GLASSY, BLOODSHOT EYES, AND APPEARED TO BE HEAVILY UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMANATING FROM THE DEFENDANTâS PERSON, AT WHICH TIME I ASKED HIM IF HE HAD CONSUMED ANY ALCOHOL THIS EVENING, TO WHICH THE DEFENDANT ADVISED, âA LOT.â I ASKED HIM HOW MUCH, AND THE DEFENDANT ADVISED MORE THAN FIVE DRINKS. I THEN ASKED THE DEFENDANT TO STEP OUT FROM HIS VEHICLE, AND HE THEN STATED, âIâLL ADMIT, IâM DRUNK;â BUT REFUSED TO STEP OUT FROM THE VEHICLE. I INQUIRED ABOUT THE STATUS OF HIS LICENSE, AND THE DEFENDANT ADVISED THAT HE KNEW IT TO BE SUSPENDED FOR FAILURE TO PAY CHILD SUPPORT. I AGAIN REQUESTED THE DEFENDANT TO STEP OUT FROM HIS VEHICLE, AND HE AGAIN REFUSED. I THEN EXPLAINED TO THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY. I ASKED THE DEFENDANT TO EXIT THE VEHICLE, SEVERAL MORE TIMES, AND EXPLAINED THAT HE RISKED ADDING ADDITIONAL CRIMINAL CHARGES SHOULD HE CONTINUE TO REFUSE, AND THE DEFENDANT WOULD NOT STEP OUT FROM THE VEHICLE. I THEN REMOVED MY TASER FROM ITS HOLSTER, WITHOUT TURNING IT ON, NOR POINTING IT AT THE DEFENDANT. DEPUTY INDORATO THEN PLACED HIS HAND ON THE DEFENDANTâS LEFT ARM, AND ASSISTED THE DEFENDANT IN STEPPING OUT FROM HIS VEHICLE. THE DEFENDANT CONTINUED TO REFUSE TO COMPLY WITH OUR DIRECTIVES. THE DEFENDANT WAS THEN PLACED UNDER HANDCUFFED, AND DOUBLE LOCKED BEHIND HIS BACK. I THEN SECURED THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE. AFTER THE DEFENDANT WAS SECURED, I READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA A PREPRINTED AGENCY ISSUED CARD, AND ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS, AND IF HE WISHED TO CONTINUE SPEAKING WITH ME AT THIS TIME. THE DEFENDANT DID NOT EVER UTTER A POSITIVE RESPONSE TO THESE QUESTIONS. I THEN ADVISED HIM OF HIS IMPLIED CONSENT, AND THE DEFENDANT ADVISED THAT HE WOULD COMPLY AND PROVIDE A SAMPLE OF HIS BREATH. PER THE DEFENDANTâS REQUEST, A FAMILY MEMBER OF THE DEFENDANT RESPONDED TO THE SCENE, AND TRANSPORTED THE DEFENDANTâS VEHICLE TO HIS RESIDENCE NEARBY. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, HE WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. THE DEFENDANT WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.224 AND 0.221. THE DEFENDANT WAS ISSUED FLORIDA DUI TRAFFIC CITATION NUMBER 7239XGA4, FOR DUI, WITH A MANDATORY COURT DATE OF 041813 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED A FLORIDA CRIMINAL TRAFFIC CITATION, CITATION NUMBER, 7006WQBX, FOR DRIVING WHILE LICENSE SUSPENDED, WITH A MANDATORY COURT DATE OF 041813, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, AND ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, WITH HIS TOTAL BOND SET AT $1,000.00, PER THE BOND SCHEDULE. ALL CONTACT MADE WITH THE DEFENDANT BY THIS DEPUTY WAS RECORDED VIA THE IN VEHICLE CAMERA, AND THIS FOOTAGE WAS LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
