| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR07100303) 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 111107 AT APPROXIMATELY 1802 HOURS, I WAS DISPATCHED TO THE AREA OF WEST LONGFELLOW STREET AND SOUTH SANDBURG POINT IN REFERENCE TO A DISPUTE INVOLVING A VAN HITTING OBJECTS IN THE ROADWAY. UPON ARRIVAL, I NOTICED DEBRIS FROM TRASH CANS AND MAILBOXES IN THE MIDDLE OF THE ROADWAY. I WAS DIRECTED BY SEVERAL RESIDENTS WHO WERE POINTING TOWARD THE ADDRESS OF 2304 SOUTH SANDBURG POINT. UPON ARRIVAL AT THAT ADDRESS, I NOTICED THE DEFENDANT STANDING IN FRONT OF THE VAN IN THE DRIVEWAY. THE DEFENDANT WAS TALKING TO WITNESS ONE WHO WAS THE OWNER OF THAT ADDRESS. CONTACT WAS MADE with THE DEFENDANT WHERE I OBSERVED THAT HE WAS INTOXICATED. HE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS PERSON. HIS EYES WERE BLOODSHOT AND HIS SPEECH WAS SLURRED. WHEN I ASKED THE DEFENDANT IF HE COULD EXPLAIN TO ME WHAT HAD HAPPENED, HE WAS VERY UNCOOPERATIVE AND REFUSED TO ANSWER ANY QUESTIONS. HE ADVISED ME IF I WANTED TO SPEAK WITH HIM, THAT I NEEDED TO SPEAK WITH HIS LAWYER. I ASKED THE DEFENDANT TO PROVIDE ME WITH HIS IDENTIFICATION. I NOTICED THAT HE WAS HAVING A HARD TIME LOCATING HIS WALLET AND REMOVING THE ITEMS FROM HIS WALLET. HE THEN BEGAN FUMBLING THROUGH HIS WALLET IN AN ATTEMPT TO REMOVE HIS IDENTIFICATION CARD. I MADE CONTACT WITH WITNESS ONE, THE HOMEOWNER, WHO STATED THE DEFENDANT ARRIVED AT THE RESIDENCE EARLIER IN THE DAY WITH WITNESS TWO AND JUVENILE WITNESS THREE. HE STATED THEY WERE PREPARING TO LEAVE THE RESIDENCE AND THAT THE DEFENDANT HAD DRIVEN OFF IN THE VAN, RUNNING OVER SEVERAL TRASH CANS AND MAILBOXES. HE STATED WHEN THE DEFENDANT RETURNED WITH THE VAN, THE DEFENDANT BEGAN ARGUING WITH WITNESS TWO ABOUT DRIVING THE VAN IN A RECKLESS MANNER. I MADE CONTACT WITH THE OWNER OF THE VEHICLE, WITNESS TWO, WHO STATED HE ARRIVED AT THE RESIDENCE WITH THE DEFENDANT, WENT TO THE SEAFOOD FESTIVAL AND HAD BEEN DRINKING ALL DAY. HE STATED HE WAS UPSET BECAUSE THE DEFENDANT HAD DRIVEN OFF WITH HIS VAN, WRECKING IT WHILE HIS SON, JUVENILE WITNESS THREE, WAS IN THE VAN. I MADE CONTACT WITH THE JUVENILE WITNESS WHO STATED HE WAS SITTING IN THE REAR OF THE VEHICLE, WAITING TO LEAVE AND THAT THE DEFENDANT WAS SITTING IN THE PASSENGER SEAT OF THE VEHICLE. HE STATED HIS FATHER TOLD HIM TO COME INSIDE AND THAT HE WOULD BE RIGHT BACK. HE STATED HE WITNESSED THE DEFENDANT REACH ACROSS THE VEHICLE, GRABBING THE STEERING WHEEL AND BEGIN OPERATING THE VEHICLE. HE STATED THE VEHICLE ACCELERATED AT A HIGH RATE OF SPEED, LEAVING THE FRONT YARD AND CUTTING ACROSS HIS NEIGHBOR'S YARD AT 2280 SOUTH SANDBURG POINT, STRIKING THE MAILBOX AND RUNNING OVER SEVERAL TRASH CANS. HE STATED THE DEFENDANT THEN DROVE THE VAN INTO THE YARD OF 2278 SOUTH SANDBURG POINT, THEN DOWN WEST LONGFELLOW STREET TO THE CONVENIENCE STORE ON WEST LONGFELLOW STREET. HE ADVISED THE DEFENDANT THEN DROVE THE VEHICLE BACK TO THE RESIDENCE WHERE HIS FATHER BEGAN TO ARGUE WITH THE DEFENDANT OVER HIS USE OF THE VEHICLE. I ASKED THE JUVENILE WITNESS IF THE DEFENDANT HAD MADE ANY STATEMENTS WHILE DRIVING THE VAN. THE JUVENILE WITNESS STATED THE DEFENDANT ONLY SAID THAT HIS LEG HAD LOCKED UP AND THAT WAS THE REASON WHY HE WAS DRIVING RECKLESSLY. I SPOKE TO A NEIGHBOR WHO ADVISED SHE WAS SITTING IN HER FRONT YARD WITH HER CHILDREN. SHE STATED SHE OBSERVED THE VAN RUNNING OVER SEVERAL OBJECTS IN THE YARDS AND NOTICED THAT THE DEFENDANT AND WITNESS TWO WERE ARGUING, AT WHICH TIME SHE CALLED 9-1-1. CONTACT WAS MADE WITH THE DEFENDANT WHO WAS SECURED IN HANDCUFFS BY CORPORAL BONURA. CORPORAL BONURA ADVISED ME THAT THE DEFENDANT CONSENTED TO A SEARCH OF HIS PERSON WHICH REVEALED IN HIS FRONT RIGHT PANTS POCKET A MARLBORO CIGARETTE PACK CONTAINING A PARTIALLY SMOKED MARIJUANA CIGARETTE INSIDE. I ADVISED THE DEFENDANT THAT I HAD REASON TO BELIEVE HE WAS DRIVING UNDER THE INFLUENCE AND THAT I WAS CONDUCTING A CRIMINAL INVESTIGATION RELATING TO HIS DRIVING. I ASKED THE DEFENDANT TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE REFUSED. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE TEST OF HIS BREATH WITH THE TEST RESULTS OF .182. THE MARIJUANA WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7704-XAD WITH A MANDATORY COURT APPEARANCE DATE OF 120607 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
