| Probable cause affidavit: |
SUBMITTED BY: WOOD, THOMAS FHP5318A (AR09107578) 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). AND DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION DID CAUSE DAMAGE THE PROPERTY OF ANOTHER, TO-WIT: POWER POLE, POWER LINES, AND CABLE LINES OF BOTH BRIGHT HOUSE CABLE AND WITHLACOOCHEE ELECTRIC COMPANY IN VIOLATION OF FLORIDA STATUTE 316.193(3)(C)(1); AND THE 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 020809, AT APPROXIMATELY 1852 HOURS, I WAS DISPATCHED TO A CRASH WHICH OCCURRED AT APPROXIMATELY 1849 HOURS, ON SOUTH GREY OAK TERRACE WHICH IS SOUTH OF WOOD THRUSH STREET. I ARRIVED ON SCENE AT APPROXIMATELY 1903 HOURS, AND OBSERVED A BLACK CHEVY PICKUP TRUCK BEARING FLORIDA TAG NUMBER D189BW FACING NORTH ON THE EAST SHOULDER OF SOUTH GREY OAK TERRACE. THE TOP HALF OF A POWER POLE WITH FOUR LINES STILL CONNECTED TO IT WAS RESTING ON THE HOOD OF THE PICKUP TRUCK. THE DEFENDANT LATER IDENTIFIED BY A VALID FL DRIVERS LICENSE AS BILL EARL BENNETT WHITE MALE DOB 03241936 WAS SITTING ON A GROUND IN FRONT OF THE PICK UP TRUCK WITH HIS DOG. TWO OF THE POWER LINES HAD A SMALL RED LIGHT WHICH WAS ATTACHED TO THEM AND WAS FLASHING. DUE TO THE PROXIMITY OF THE POWER LINES TO THE ROAD WAY, AND MY NOT HAVING KNOWLEDGE OF IF THE LINES WERE STILL "LIVE" I REMAINED ON THE OPPOSITE SIDE OF THE ROADWAY FROM THE DEFENDANT TO WAIT ON THE POWER COMPANY TO GET THERE. PRIOR TO THE ARRIVAL OF THE POWER COMPANY, THE DEFENDANT STOOD UP AND WAS VERY UNSTEADY ON HIS FEET AND ALMOST FELL. HE HAD TO HOLD ON TO HIS PICK UP TRUCK TO KEEP FROM FALLING DOWN. MYSELF ALONG WITH SEVERAL OTHER FIRE FIGHTERS HAD TO ORDER HIM TO SIT BACK DOWN TO KEEP HIM FROM GRABBING THE EXPOSED POWER LINE AND WALKING TOWARDS OUR SIDE OF THE ROADWAY. ONCE THE DEFENDANT SAT DOWN, ONE OF THE FIRE FIGHTERS ASKED HIM IF HE HAD BEEN DRIVING THE VEHICLE AT THE TIME OF THE CRASH AND I HEARD HIM REPLY THAT HE HAD. ONCE THE POWER COMPANY MADE THE LINE SAFE, I WENT OVER TO THE DEFENDANT WITH THE FIRE FIGHTER AND ASSISTED HIM ACROSS THE ROAD TO OUR SIDE OF THE ROAD. I OBSERVED AT THAT TIME THE DEFENDANT TO BE VERY UNSTEADY ON HIS FEET, HAD BLOOD SHOT WATERY EYES, AND I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. AT THAT TIME I HEARD HIM ADVISE EMS PERSONNEL THAT HE HAD DRIVEN OFF OF THE ROAD TO AVOID ANOTHER VEHICLE. I OBTAINED THE DEFENDANT'S DRIVER'S LICENSE AND PROOF OF INSURANCE AND LISTENED TO HIS VERSION OF WHAT HAD OCCURRED DURING THE TRAFFIC CRASH. EMS PERSONNEL ESCORTED HIM TO THE BACK OF THE AMBULANCE AND I RETURNED TO MY PATROL VEHICLE AND COMPLETED MY TRAFFIC CRASH INVESTIGATION. AT APPROXIMATELY 2005 HOURS, I MADE CONTACT WITH THE DEFENDANT IN THE BACK OF THE AMBULANCE AND OBSERVED HIM SIGN A REFUSAL FOR MEDICAL TREATMENT. I THEN ASSISTED THE DEFENDANT ON CLIMBING DOWN FROM THE BACK OF THE AMBULANCE. AT APPROXIMATELY 2010 HOURS, I ADVISED THE DEFENDANT THAT I HAD COMPLETED MY CRASH INVESTIGATION AND WAS NOW CONDUCTING A DUI INVESTIGATION. AT THAT TIME, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PRE PRINTED CARD TO WHICH HE ADVISED "YES" THAT HE UNDERSTOOD HIS RIGHTS AND "NO" HE HAD NOT PREVIOUSLY REQUESTED AN ATTORNEY. HE FURTHER ADVISED "YES" THAT HE WOULD SPEAK WITH ME AT THAT TIME. IT SHOULD BE NOTED, I ASKED THE DEFENDANT POST MIRANDA IF HE HAD BEEN DRIVING THE PICKUP TRUCK INVOLVED AT THE CRASH AT THE TIME OF THE CRASH AND HE STATED THAT HE HAD. I ASKED THE DEFENDANT IF HAD BEEN DRINKING PRIOR TO THE CRASH AND HE STATED THAT HE HAD. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK AND HE STATED ABOUT THREE BEERS. AT THAT TIME, I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY EXERCISES AND HE STATED "NO GO AHEAD AND TAKE ME TO JAIL." I PLACED THE DEFENDANT UNDER ARREST AT APPROXIMATELY 2014 HOURS, HANDCUFFED HIM (DOUBLE LOCKED) BEHIND HIS BACK, AND PLACED HIM IN THE REAR OF MY PATROL VEHICLE. ONCE THE WRECKER ARRIVED TO TOW THE DEFENDANTS VEHICLE, I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ONCE AT THE DETENTION FACILITY, THE DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING WHILE UNDER THE INFLUENCE (FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 5785-XAU), DUI WITH PROPERTY DAMAGE (FLORIDA UNIFORM TRAFFIC CITATION 0292-SPN) SECOND OR SUBSEQUENT REFUSAL TO SUBMIT TO A LAWFUL TEST OF BREATH URINE OR BLOOD, (FLORIDA UNIFORM TRAFFIC CITATION NUMBER 0292-SPN) AND WAS ISSUED A TRAFFIC CITATION FOR CARELESS DRIVING UNIFORM TRAFFIC CITATION NUMBER 0291-SPN. THE DEFENDANTS BOND WAS SET AT A TOTAL OF $2,000.00 PER THE BOND SCHEDULE AND A COURT CASE WAS SET FOR 022609 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
