| Probable cause affidavit: |
SUBMITTED BY: TROOPER TODD CLOUD (AR13-7120) 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 DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT CAUSED DAMAGE TO THE 1999 CADILLAC IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062 ON 083113, AT APPROXIMATELY 2220 HOURS, I ARRIVED AT 6286 NORTH WHISPERING OAKS LOOP IN BEVERLY HILLS, FOR A TRAFFIC CRASH. THE TRAFFIC CRASH OCCURRED ON COUNTY ROAD 491, .3 MILES WEST OF HAMPSHIRE BOULEVARD. MY INVESTIGATION FOUND THAT AFTER THE ACCIDENT, THE DEFENDANT, MR KEVIN MCFADDEN, FLED THE SCENE IN HIS VEHICLE TO THE WHISPERING PINES ADDRESS. THE VICTIM'S VEHICLE FOLLOWED THE HIT AND RUN VEHICLE TO THAT ADDRESS. AFTER COMPLETING MY TRAFFIC CRASH INVESTIGATION, I THEN TURNED MY INVESTIGATION INTO A DUI (DRIVING UNDER THE INFLUENCE INVESTIGATION). THE REASON FOR CHANGING THE INVESTIGATION WAS THE DEFENDANT WHO WAS DRIVING THE HIT AND RUN VEHICLE HAD THE ODOR OF AN ALCOHOLIC BEVERAGE, SLIGHTLY BLOODSHOT EYES, A PALE FACE AND HIS SPEECH WAS MUMBLED. THE DEFENDANT WAS ALSO UNSTEADY WHILE WALKING AND STANDING. AT APPROXIMATELY 2233 HOURS, THE DEFENDANT WAS READ HIS MIRANDA RIGHTS AND ASKED IF HE UNDERSTOOD HIS RIGHTS, WHERE HE ADVISED THAT HE DID UNDERSTAND HIS RIGHTS AND HE WOULD TALK TO ME. I THEN QUESTIONED HIM IF HE WAS DRINKING, AT WHICH TIME HE INVOKED HIS RIGHTS. I THEN ASKED THE DEFENDANT IF HE WOULD DO SOME FIELD SOBRIETY TASKS TO SEE IF HE WAS OK TO DRIVE AND HE STATED THAT HE WOULD. THE DEFENDANT DID NOT DO WELL WITH THE HORIZONTAL GAZE NYSTAGMUS TASK BECAUSE HE LACKED SMOOTH PURSUIT IN BOTH EYES AND HE HAD DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION. THE DEFENDANT ALSO DID NOT DO WELL WITH THE WALK AND TURN TASK, WHICH WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS. HE STEPPED OFF THE LINE ONE TIME DURING HIS NINE STEPS BACK. THE DEFENDANT ALSO TURNED INCORRECTLY AND HE DID THE WRONG AMOUNT OF STEPS COMING BACK. THE DEFENDANT DID NOT DO WELL WITH THE ONE LEG STAND TASK BECAUSE HE PUT HIS FOOT DOWN MORE THAN THREE TIMES WITHIN 10 SECONDS. AT APPROXIMATELY 2253 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND LEAVING THE SCENE OF A TRAFFIC CRASH. AT APPROXIMATELY 2255 HOURS, THE DEFENDANT WAS READ IMPLIED CONSENT. THE DEFENDANT STATED THAT HE WANTED TO TALK TO HIS LAWYER. AT THAT TIME, THE DEFENDANT WAS TURNED OVER TO DEPUTY SHERIFF BRIGGS, WHO WAS THE FIRST ON THE SCENE OF THE TRAFFIC CRASH. DEPUTY SHERIFF BRIGGS TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR A BREATH TEST AND/OR REFUSAL. AT THE JAIL THE DEFENDANT DID CONSENT TO A BREATH TEST TO DETERMINE ITS ALCOHOLIC CONTENT. THE BREATH TESTS RESULTS WERE. .244 AND .247. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,250.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS THEN ISSUED FOUR UNIFORM TRAFFIC CITATIONS. CRIMINAL CITATION NUMBER 2780-XBP FOR DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH, CRIMINAL CITATION NUMBER A11R2IE FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE AND CRIMINAL CITATION NUMBER A11R2HE, FOR LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE OF MORE THAN $50.00. ALL THREE OF THE CRIMINAL CITATIONS HAVE A MANDATORY COURT DATE OF 092613 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A11R2GE, FOR CARELESS DRIVING, WITH $166.00 FINE PAYABLE TO THE CITRUS COUNTY CLERK OF COURTS WITHIN 30 DAYS. |
