| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (AR11123786) THE DEFENDANT 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(1) ON 120311, I RESPONDED AS BACKUP TO THE CORNER OF SOUTH CANARY PALM TERRACE AND WEST OAKLAWN STREET IN HOMOSASSA IN REFERENCE TO ASSISTING CANINE DEPUTY VIGGIANO ON A TRAFFIC STOP. CANINE DEPUTY VIGGIANO ADVISED HE STOPPED A SILVER JAG BEARING FLORIDA TAG 602-KNP FOR VIOLATION OF A TRAFFIC CONTROL DEVICE, RUNNING A STOP SIGN. CANINE DEPUTY VIGGIANO ALSO STATED THE DRIVER TURNED WITHOUT USING HIS SIGNAL, MADE A WIDE TURN ON WEST OAKLAWN STREET AND WAS DRIVING TEN MILES UNDER THE SPEED LIMIT ON CANARY PALM. WHEN CANINE DEPUTY VIGGIANO APPROACHED THE DRIVER SIDE OF THE VEHICLE, HE DETECTED AN ODOR OF ALCOHOL. CANINE DEPUTY VIGGIANO THEN REQUESTED THIS DEPUTY TO RESPOND. I MADE CONTACT WITH THE DRIVER/DEFENDANT, IDENTIFIED AS MR THOMAS COFFEY, AND ASKED HIM TO STEP OUT OF THE VEHICLE AND WALK TO THE FRONT OF MY PATROL VEHICLE. THERE WAS A MODERATE ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM MR COFFEY'S PERSON. HE WAS UNSTEADY ON HIS FEET AS HE WALKED TO THE FRONT OF MY PATROL VEHICLE. I ADVISED MR COFFEY THAT I WAS THERE TO INVESTIGATE A POSSIBLE CASE OF DRIVING UNDER THE INFLUENCE AND DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE. I ASKED THAT HE SUBMIT TO A SERIES FIELD SOBRIETY TASKS, TO WHICH HE DECLINED. I ASKED MR COFFEY A SECOND TIME TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE AGAIN DECLINED. AT THAT TIME, MR COFFEY WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. MR COFFEY WAS READ HIS MIRANDA WARNINGS VIA CARD. MR COFFEY WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. MR COFFEY STATED HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, MR COFFEY'S VEHICLE WAS SECURED AND LEFT ON SCENE, PER HIS REQUEST. MR COFFEY WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS, ON CAMERA, BY THE INTOXILYZER OPERATOR. MR COFFEY REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. MR COFFEY WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. MR COFFEY WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 3048-XDQ4, WITH A MANDATORY COURT APPEARANCE DATE ON 122211 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. CANINE DEPUTY VIGGIANO ISSUED MR COFFEY WRITTEN WARNING NUMBER 344004B, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE, RUNNING A STOP SIGN. "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* |
