| Probable cause affidavit: |
SUBMITTED BY: CAREY, LEE 0753 (AR14-13055) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ANY PERSON WILLFULLY TO FAIL OR REFUSE TO COMPLY WITH ANY LAWFUL ORDER OR DIRECTION OF ANY LAW ENFORCEMENT OFFICER, TRAFFIC CRASH INVESTIGATION OFFICER, TO WIT: THE DEFENDANT DID NOT COMPLY WITH DEPUTY TITUSâ INSTRUCTION AND ALMOST COLLIDED WITH DEPUTY TITUS WITH VIOLATION OF FLORIDA STATE STATUE 316.072(3). ON 120614, I WAS WORKING AN OFF DUTY DETAIL AT THE ROCK CRUSHER CANYON, WHERE DEPUTY TITUS AND I WERE DIRECTING TRAFFIC FROM THE PARKING LOT ON THE WEST SIDE OF SOUTH ROCK CRUSHER ROAD. BOTH DEPUTY TITUSâ AND MY AGENCY VEHICLE HAD THEIR EMERGENCY OVERHEAD LIGHTS ON. WE WERE ALSO WEARING OUR REFLECTIVE TRAFFIC VESTS AND WERE USING THE RED TRAFFIC LIGHTS. BOTH OF OUR VEHICLES WERE PARKED ON THE WEST SIDE OF ROCK CRUSHER ROAD, FACING SOUTHBOUND. THIS PART OF THE ROAD WAS A STRAIGHT AREA WITH CLEAR VISIBILITY IN BOTH DIRECTIONS. DEPUTY TITUS WAS STANDING IN THE ROADWAY ATTEMPTING TO STOP TRAFFIC DRIVING SOUTHBOUND ON ROCK CRUSHER ROAD AS I STOOD IN THE NORTHBOUND LANE STOPPING TRAFFIC AND ALLOWING VEHICLES FROM THE PARKING LOT TO EXIT ON SOUTH ROCK CRUSHER ROAD. AS A BLACK TOYOTA PICKUP BEGAN TO PULL ONTO THE ROADWAY TURNING NORTHBOUND, I OBSERVED A BEIGE SUV HEADING TOWARDS DEPUTY TITUS AT A HIGH RATE OF SPEED AND IT APPEARED THAT THIS VEHICLE WAS NOT STOPPING. DEPUTY TITUS ATTEMPTED TO STOP THE VEHICLE BUT HAD TO QUICKLY JUMP OUT OF THE ROADWAY TO AVOID BEING STRUCK BY THE DEFENDANTâS VEHICLE. THE VEHICLE CONTINUED SOUTHBOUND TO MY LOCATION AND AS THE BLACK TOYOTA PICKUP WAS TURNING OUT OF THE PARKING LOT THE BEIGE SUV SWERVED OVER TO THE NORTHBOUND LANE, WHERE I WAS STANDING. I WAS FORCED TO JUMP ONTO THE ROADSIDE TO AVOID BEING STRUCK AND I ALSO HEARD A LOUD METALLIC CLANKING SOUND, WHICH APPEARED TO BE THE TWO VEHICLES COLLIDING. THE BEIGE SUV CONTINUED SOUTHBOUND AND DID NOT STOP AND THE BLACK TOYOTA PICKUP CONTINUED NORTHBOUND AND DID NOT STOP. DEPUTY TITUS IMMEDIATELY GOT IN HIS AGENCY PATROL VEHICLE AND FOLLOWED THE SUV WITH LIGHTS AND SIREN UNTIL THE VEHICLE CAME TO A STOP AT THE INTERSECTION OF SOUTH ROCK CRUSHER ROAD AND CINNAMON DRIVE. I THEN RESPONDED TO DEPUTY TITUSâ TRAFFIC STOP LOCATION, WHERE THE DEFENDANT WAS ALREADY STANDING OUTSIDE OF HIS VEHICLE. I OBSERVED THAT THE VEHICLE WAS A BEIGE FORD EXPLORER BEARING FLORIDA LICENSE PLATE 866WFY. I APPROACHED THE PASSENGER SIDE OF THE DEFENDANTâS VEHICLE AND OBSERVED THAT THE SIDE MIRROR HAD BEEN PUSHED IN AND HAD SOME FRESH PAINT TRANSFER. THERE APPEARED TO BE NO FURTHER DAMAGE TO THE VEHICLE. I MADE CONTACT WITH THE DEFENDANT, MR DENNIS BIDLACK, WHO ADVISED THAT HE DID NOT MEAN TO CAUSE ANYONE ANY HARM. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. HE WAS ALSO DISHEVELED AND HAD GLASSY, BLOODSHOT EYES. THE DEFENDANT LEANED AGAINST HIS VEHICLE TO STEADY HIMSELF AND WHEN HE TRIED TO STAND AWAY FROM THE VEHICLE HE WAS UNSTEADY ON HIS FEET AND STAGGERED WHEN HE WALKED. IT WAS CONFIRMED THAT THE OTHER VEHICLE INVOLVED IN THE ACCIDENT DID NOT STOP AND DID NOT NOTIFY 911 OF THE ACCIDENT. I RETRIEVED THE DEFENDANTâS DRIVER'S LICENSE FROM DEPUTY TITUS AND VERIFIED HIS IDENTIFICATION. I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM THAT I WOULD BE CONCLUDING THE TRAFFIC CRASH INVESTIGATION AND WOULD BE BEGINNING A DUI INVESTIGATION DUE TO THE SYMPTOMS THAT HE WEST EXHIBITING. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. THE DEFENDANT ADVISED THAT HIS HIGHEST LEVEL OF EDUCATION WAS SOME COLLEGE, HE WORKS FULLTIME AND DOES NOT HAVE ANY PHYSICAL IMPAIRMENTS TO IMPEDE HIM FROM COMPLETING THE TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT DOES NOT WEAR CONTACTS OR GLASSES. DURING THIS TASK, THE DEFENDANT FAILED TO LISTEN TO INSTRUCTIONS, REFUSED TO COMPLY AND KEPT TURNING HIS HEAD. THE DEFENDANT HAD EQUAL PUPIL SIZE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONS, THE DEFENDANT ATTEMPTED TO START EARLIER THAN INSTRUCTED AND HAD TO ASK FOR CLARIFICATION OF THE INSTRUCTIONS. THE DEFENDANT RAISED HIS FOOT OFF THE GROUND AND COUNTED TO 4 BEFORE RETURNING IT TO THE GROUND, WHERE HE COUNTED 5 AND 6, RAISED HIS FOOT OFF THE GROUND, COUNTED TO 7 AND 8 AND ON 9 RETURNED HIS FOOT TO THE GROUND, WHERE THE DEFENDANT LOST HIS BALANCE AND STAGGERED, ALMOST FALLING TO THE SIDE. THE DEFENDANT THEN ATTEMPTED TO RAISE HIS FOOT AGAIN COUNTING 10,11,12 RETURNING IT TO THE GROUND ON 13, COUNTED 14 AND 15 AND THEN SAID I CANNOT DO THIS. TASK THREE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID FAIL TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE AS INSTRUCTED. HE FAILED TO PROPERLY EXECUTE THIS TASK AND HOLD HIS FINGER TO HIS NOSE FOR SEVERAL SECONDS BEFORE RETURNING IT TO HIS SIDE. THE DEFENDANT SWAYED BACK AND FORTH GREATER THAN SIX INCHES AND WAS UNSTEADY ON HIS FEET. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID FAIL TO WALK HEEL TO TOE AND DID STEP OFF THE WHITE FOG LINE ON THE ROADSIDE. THE DEFENDANT DID ACCURATELY COUNT NINE STEPS, EXECUTED THE TURN AND WALKED AT A NORMAL GAIT THE RETURNING NINE STEPS. THE DEFENDANT DID NOT KEEP HIS HANDS TO HIS SIDE AS INSTRUCTED AND STUCK OUT HIS ARMS FOR BALANCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND FOR FAILURE TO OBEY LAWFUL COMMAND OF LAW ENFORCEMENT. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT ADVISED THAT HE WAS AT ROCK CRUSHER CANYONâS CONCERT, WHERE HE INGESTED SEVERAL ALCOHOLIC BEVERAGES. THE DEFENDANT STATED THAT HE DID NOT MEAN TO HARM ANYONE AND WAS JUST TRYING TO GET HOME. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE INTOXILYZER TEST WAS OUTSIDE OF THE REQUIRED TOLERANCE LEVEL, WHERE THE TEST WAS DEEMED UNUSABLE AND THE BREATH TEST WAS NOT COMPLETED. I AGAIN MET WITH THE DEFENDANT AND READ THE DEFENDANT HIS IMPLIED CONSENT WARNING, REQUESTING BLOOD COLLECTION. THE DEFENDANT ADVISED THAT HE WOULD SUBMIT TO A BLOOD COLLECTION AND SIGNED A PERMISSION FORM GRANTING PERMISSION FOR THE BLOOD SAMPLES TO BE TAKEN. THE BLOOD SAMPLES WERE TAKEN BY REGISTERED NURSE MITCHELL, WHO IS EMPLOYED BY THE CITRUS COUNTY DETENTION FACILITY. I WAS PRESENT WHEN THE BLOOD SAMPLES WERE DRAWN AND CONFIRMED THAT THE BLOOD SAMPLES WERE TAKEN FROM THE DEFENDANT. THE BLOOD SAMPLE KIT WAS SEALED AND LATER SUBMITTED TO EVIDENCE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH FAIL TO OBEY LAWFUL COMMAND OF LAW ENFORCEMENT WITH A BOND SET AT $500.00, FOR A TOTAL BOND AMOUNT OF $1,500.00. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4987XDX8, WITH A MANDATORY COURT APPEARANCE OF 010814 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A1BTZOP, FOR FAIL TO OBEY POLICE OFFICER, WITH A MANDATORY COURT APPEARANCE ON 010814, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTâS VEHICLE WAS LEFT ON SCENE PER HIS REQUEST AND WAS SECURED WITH ALL CONTENTS INSIDE. THE DEFENDANTâS KEYS WERE TURNED IN WITH HIS PROPERTY AT THE JAIL. |
