| Probable cause affidavit: |
SUBMITTED BY: FULTS, RACHEL 0609 (AR16-19931) 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(1)(A). DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E). ON 061816, AT 0325 HOURS, I RECEIVED A CALL FOR SERVICE IN REFERENCE TO A RECKLESS VEHICLE TRAVELING NORTHBOUND ON NORTH LECANTO HIGHWAY. THE COMPLAINANT, WHO WAS AN OFF DUTY LAW ENFORCEMENT OFFICER, ADVISED THAT HE OBSERVED THE DEFENDANT TRAVEL INTO THE ONCOMING TRAFFIC LANE SEVERAL TIMES. AS I TRAVELED SOUTH ON NORTH LECANTO HIGHWAY APPROACHING THE INTERSECTION OF HORACE ALLEN STREET, I NOTICED A VEHICLE WITH ONE HEADLIGHT TRAVELING PARTIALLY IN MY LANE OF TRAVEL. I VEERED OFF THE ROADWAY SO THE VEHICLE COULD PASS AND THEN DID A U-TURN TO CATCH UP TO THE VEHICLE. AS I GOT BEHIND THE VEHICLE I OBSERVED THAT IT WAS A WHITE FORD RANGER, BEARING FLORIDA LICENSE PLATE HAHP42. THE VEHICLE BEGAN TO SLOW TO A SPEED OF APPROXIMATELY 25 MILES PER HOUR IN A 45 MILE PER HOUR ZONE. IT CROSSED THE CENTER LINE AND THEN OVER CORRECTED AND CROSSED THE FOG LINE. THE VEHICLE AGAIN SLOWED DOWN, THIS TIME TO AN APPROXIMATE SPEED OF 10 MILES PER HOUR. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON THE VEHICLE JUST SOUTH OF THE INTERSECTION OF NORTH LECANTO HIGHWAY AND WEST NORVELL BRYANT HIGHWAY. UPON TURNING MY OVERHEAD LIGHTS ON, INITIALLY THE VEHICLE DID NOT STOP. I THEN INITIATED MY SIRENS FOR APPROXIMATELY TEN TO FIFTEEN SECONDS, AT WHICH TIME THE VEHICLE CAME TO A STOP IN THE MIDDLE OF THE ROAD. THE VEHICLE THEN TRAVELED A SHORT DISTANCE AND CAME TO A STOP ON THE SHOULDER OF THE ROAD. I THEN MADE CONTACT WITH THE DEFENDANT, MR JAMES HATHAWAY. AS HE ROLLED THE WINDOW DOWN, I IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. UPON SPEAKING WITH THE DEFENDANT I NOTICED THAT HIS EYES WERE BLOOD SHOT AND GLOSSY, HIS SPEECH WAS SLURRED, AND HE HAD DIFFICULTY FOCUSING ON MORE THAN ONE TASK. I ASKED THE DEFENDANT TO PLACE THE VEHICLE IN PARK, AT WHICH TIME HE STRUGGLED TO DO SO, BUT EVENTUALLY FIGURED IT OUT AFTER TWO TO THREE ATTEMPTS. UPON ADVISING THE DEFENDANT WHY HE WAS BEING STOPPED, HE STATED HE HAD BEEN DRINKING BUT BELIEVED HE WAS STILL GOOD TO DRIVE. I THEN REQUESTED THE DEFENDANT STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS. UPON EXITING THE VEHICLE, THE DEFENDANT RELIED HEAVILY ON HIS VEHICLE TO SUPPORT HIS BALANCE. HE ADVISED THAT HE WOULD NOT BE ABLE TO COMPLETE FIELD SOBRIETY TASK THAT INVOLVED THE COORDINATION OF HIS BALANCE BECAUSE HE WAS ON MEDICATION THAT CAUSED HIM TO BE DIZZY. UPON ADVISING THE DEFENDANT THAT I HAD OTHER EXERCISES THAT HE COULD PERFORM, HE REFUSED TO DO SO AND STATED ââJUST TAKE ME TO JAILââ NUMEROUS TIMES. UPON PLACING THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK, HE SPONTANEOUSLY STATED ââYOU ARE DOING THE RIGHT THING I SHOULD NOT BE DRIVING.ââ WHILE WALKING TO THE VEHICLE HE CONTINUED TO SPONTANEOUSLY UTTER NUMEROUS THINGS; TO INCLUDE ââI AM REALLY FUCKED UPââ AND ââI SHOULD NOT HAVE BEEN DRIVING.ââ THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS TURNED OVER TO STAFF. I WAS LATER ADVISED THAT THE DEFENDANT REFUSED TO COMPLETE FIELD SOBRIETY TASKS, AS WELL AS REFUSED TO SUBMIT TO THE TEST OF HIS BREATH, URINE, OR BLOOD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A BOND SET AT $1,000.00, AND REFUSAL TO SUBMIT, WITH A BOND SET AT $1,000.00. THE DEFENDANTâS TOTAL BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. |
