| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR13-8261) 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 120813, I RESPONDED TO THE BEST WESTERN HOTEL, IN REFERENCE TO A SINGLE VEHICLE TRAFFIC CRASH. I WAS ADVISED THAT THE DRIVER OF THE VEHICLE INVOLVED IN THE CRASH WAS PASSED OUT BEHIND THE WHEEL, AND WAS THE ONLY SUBJECT IN THE VEHICLE. UPON MY ARRIVAL, I MADE CONTACT WITH THE SECURITY OFFICER OF BEST WESTERN. HE STATED THAT HE HAD BEEN CHECKING THE POOL AREA, AND HEARD THE VEHICLE, LATER IDENTIFIED AS A CHRYSLER MINIVAN, BEARING TENNESSEE TAG E5291T, CRASH IN TO THE WALL THAT LINES THE PARKING LOT OF THE BEST WESTERN HOTEL. HE ADVISED THAT HE WENT OVER TO MAKE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR THOMAS EDWARD BURTON, JR. THE SECURITY OFFICER ADVISED THAT THE DEFENDANT WAS PASSED OUT BEHIND THE WHEEL, AND WHEN HE KNOCKED ON THE DRIVERâS SIDE WINDOW TO AWAKEN HIM, THE DEFENDANT PUNCHED THE WINDOW. THE DEFENDANT THEN EXITED HIS VEHICLE, AND STUMBLED TO HIS ROOM. I THEN MADE CONTACT WITH THE DEFENDANTâS WIFE. SHE ADVISED THAT HER HUSBAND HAD COME IN TO THE ROOM AND PASSED OUT ON TO THE BED. WITH THE ASSISTANCE OF THE DEFENDANTâS WIFE, I ATTEMPTED TO WAKE THE DEFENDANT. AFTER APPROXIMATELY FIVE MINUTES, HE FINALLY WOKE UP ENOUGH TO COME BACK OUT TO THE PARKING LOT. I ADVISED THE DEFENDANT THAT I WAS CONDUCTING A TRAFFIC CRASH REPORT, IN REFERENCE TO HIM HITTING THE WALL WITH HIS VEHICLE. THE DEFENDANT STATED THAT HE JUST WANTED TO GO BACK TO BED, AND THAT IT WAS NO BIG DEAL. THE DEFENDANT ALSO STATED THAT HE DID NOT REMEMBER HITTING THE WALL. THE SECURITY OFFICER ALSO ADVISED THAT THE DEFENDANT WAS IN ROOM 2102, AND WHEN WE WALKED OUT TO CONDUCT THE TRAFFIC CRASH INVESTIGATION, THE SECURITY OFFICER WAS ABLE TO POSITIVELY IDENTIFY THE DEFENDANT AS THE DRIVER. . THE VEHICLE HAD FRONT END DAMAGE TO THE RIGHT FRONT FENDER, WHERE IT HAD MADE CONTACT WITH THE CEMENT WALL. THE PAINT TRANSFER WAS CLEARLY EVIDENT FROM THE WALL ON TO THE BUMPER OF THE VEHICLE. I THEN WENT IN TO MY PATROL VEHICLE AND ACTIVATED MY IN VEHICLE VIDEO CAMERA, AND I INFORMED THE DEFENDANT THAT I WAS FINISHED WITH MY TRAFFIC CRASH INVESTIGATION, AND THAT I WOULD NOW BE INITIATING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION, DUE TO HIS INTOXICATED STATE. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES, WHICH WOULD PREVENT HIM FROM DOING FIELD SOBRIETY EXERCISES, TO WHICH HE ADVISED THAT HE DID NOT. I ASKED HIM WHAT LEVEL OF EDUCATION HE HAD COMPLETED, AND THE DEFENDANT ADVISED THAT HE HAD COMPLETED TWELFTH GRADE. I THEN WENT TO BEGIN THE HORIZONTAL NYSTAGMUS EXERCISE, AND THE DEFENDANT REFUSED TO DO ANY EXERCISES. I ASKED IF HE WAS REFUSING TO COMPLETE ANY FIELD SOBRIETY EXERCISES, TO WHICH HE REPLIED, âYES TAKE ME TO JAIL.â THE DEFENDANT WAS THEN PLACED UNDER ARREST, AND HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK. I ATTEMPTED TO READ THE DEFENDANT HIS MIRANDA RIGHTS, DURING WHICH TIME THE DEFENDANT BEGAN TO SCREAM THAT HE WANTED A LAWYER. I READ THE DEFENDANT HIS IMPLIED CONSENT, AND HE STATED THAT HE WOULD NOT CONSENT TO A BREATHALYZER. THE DEFENDANTâS VEHICLE WAS LEFT ON SCENE WITH HIS WIFE AT THE HOTEL, AS SHE IS THE REGISTERED OWNER. THE DEFENDANT WAS THEN SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE. 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 AGAIN REFUSED TO CONSENT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, WITH HIS BOND SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI CITATION, BEARING NUMBER 9813XEIX, FOR DUI, WITH A MANDATORY COURT APPEARANCE OF 010914 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING NUMBER 7949FRY7, FOR CARELESS DRIVING, WITH A MANDATORY FINE OF $166.00, DUE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. VIDEO EVIDENCE OF FIELD SOBRIETY REFUSAL AND THE SPONTANEOUS UTTERANCES MADE BY THE DEFENDANT WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY WERE SUBMITTED TO EVIDENCE. IT SHOULD BE NOTED THAT DEPUTY STALVEY WAS TAKING PHOTOGRAPHS OF THE CRASH SCENE, AND TRYING TO OBTAIN A CURRENT ADDRESS FOR THE DEFENDANT, DUE TO THE REGISTRATION AND HIS DRIVER'S LICENSE HAVING TWO DIFFERENT ADDRESSES. THE DEFENDANT REFUSED TO ANSWER ANY PERSONAL QUESTIONS, IN REFERENCE TO HIS INFORMATION. THE DEFENDANTâS WIFE INFORMED DEPUTY STALVEY THAT HER HUSBAND HAD BEEN DRINKING AT THE POWER PUB IN INGLIS AND HAD MET UP WITH SOME OLD GIRLFRIENDS. SHE ADVISED THAT THE DEFENDANT HAD TOLD HER HE WAS GOING OUT TO PICK UP A CAN OF DIP; HOWEVER SHE LEARNED WHAT HE WAS DOING, BECAUSE WHEN HE LEFT THE PUB, HE HAD FORGOTTEN HIS DEBIT CARD, AND THE GIRLFRIENDS CALLED TO LET HER KNOW HE HAD FORGOTTEN HIS CARD. IT WAS ALSO DISCOVERED THAT THE DEFENDANT HAS AN ACTIVE WARRANT FOR HIS ARREST FROM TENNESSEE; HOWEVER, IT IS NOT EXTRADITABLE. A TRAFFIC CRASH REPORT WAS ALSO COMPLETED. NO FURTHER INFORMATION. |
