| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR-15) (15-33972) 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, WITH A PREVIOUS CONVICTION ON 030210 IN OHIO, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B). ON 031415 AT APPROXIMATELY 1900 HOURS, WHILE EN ROUTE TO A REPORT OF AN INTOXICATED SUBJECT DRIVING A VEHICLE AT FORT ISLAND BEACH, I CONDUCTED A TRAFFIC STOP ON A WHITE LINCOLN TOWN CAR, BEARING FLORIDA TAG DADW18, AT THE INTERSECTION OF FORT ISLAND TRAIL AND PUTTER COURT. PRIOR TO MAKING THE TRAFFIC STOP, THE DESCRIPTION OF THIS VEHICLE WAS PROVIDED BY THE COMPLAINANT, ALONG WITH THE TAG NUMBER. AFTER FOLLOWING THE VEHICLE BRIEFLY, I OBSERVED THE VEHICLE FAILING TO MAINTAIN A SINGLE LANE AND ALSO RAN THE TAG, WHICH SHOWED IT WAS EXPIRED ON 030715. AFTER MAKING THE TRAFFIC STOP, I MADE CONTACT WITH THE DEFENDANT/DRIVER, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR WARREN FREDERICY. HE PROVIDED HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. WHILE SPEAKING WITH THE DEFENDANT, I NOTICED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT. I ASKED HIM IF HE HAD BEEN DRINKING TODAY, TO WHICH HE STATED NO. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE. I CONDUCTED A WANTS AND WARRANTS CHECK, WHICH THE RESULTS SHOWED THE DEFENDANT HOLDS A CURRENT FLORIDA DRIVER'S LICENSE AND NO ACTIVE WARRANTS. DUE TO THE DEFENDANT'S DRIVING PATTERN AND THE REPORT FROM THE COMPLAINANT, I RETURNED BACK TO THE VIOLATOR VEHICLE AND REQUESTED THE DEFENDANT TO SUBMIT TO ROADSIDE FIELD SOBRIETY TASKS. THE DEFENDANT STATED HE WOULD NOT DO THEM EVEN AFTER BEING ADVISED OF HIS IMPLIED CONSENT. AT THAT TIME, I HAD HIM EXIT THE VEHICLE WHERE HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. I THEN ESCORTED HIM BACK TO MY PATROL VEHICLE WHERE I READ HIM HIS MIRANDA RIGHTS FROM A PREPRINTED CARD. WHILE WALKING BACK TO MY PATROL VEHICLE, I OBSERVED THE DEFENDANT TO HAVE AN UNSTEADY GAIT AND STUMBLED. AFTER READING MIRANDA, THE DEFENDANT TOLD ME THAT HE HAD APPROXIMATELY FOUR TO SIX BEERS AND AT LEAST TWO SHOTS OF LIQUOR WHILE ON THE BEACH. WE SPOKE ABOUT THE POSSIBILITY OF HIM CONSENTING TO FIELD SOBRIETY TASKS. I EXPLAINED TO HIM IF HE NEEDED LEGAL ADVICE, HE WOULD NEED TO CONTACT A LAWYER. HE TOLD ME IT WAS A BAD IDEA TO COMPLETE THE ROAD SIDE TASKS BECAUSE HE WAS DRUNK. I THEN PLACED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE AND SEAT BELTED HIM IN. SHORTLY AFTER, DEPUTY CONNARY REYNOLDS ARRIVED ON SCENE AND COMPLETED AN INVENTORY AND VEHICLE/VESSEL IMPOUND SHEET TO HAVE THE DEFENDANT'S VEHICLE TOWED. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT BY THE INTOXILYZER OPERATOR AND SUBSEQUENTLY REFUSED. AFTER DOING SO, I ISSUED THE DEFENDANT A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4456XDX8, FOR DRIVING UNDER THE INFLUENCE, SECOND OFFENSE, AFTER A CRIMINAL CHECK OUT OF OHIO DISPLAYED A PREVIOUS CONVICTION FOR DRIVING UNDER THE INFLUENCE ON 030210. THE DEFENDANT'S BOND WAS SET AT DUE TO THE DEFENDANT STATING HE WAS GOING TO LEAVE THE STATE AND RELOCATE TO OHIO. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY AT THIS TIME. |
