Orange County Sheriff’s Office

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Active Criminal Intelligence Information-F. S. 119.071(2) (c)1 Exempt

Active Criminal Investigative Information-F. S. 119.071(2) (c)1 Exempt

Article 1, Section 16 Florida Constitution-Marsy’s Law Exempt

Bank account, debit and credit card numbers-F.S. 119.071(5) (b), 119.0714(1) (j), (2)(e) and 3(b) Exempt

Contact information of an individual if a Victim Confidentiality Request is on file-F.S. 119.07(2) (j) Exempt

Emergency Communications E911-F.S.365.171 (12 )- Caller of 911 removed Confidential

Fingerprint records-F.S. 119.071(5) (g)1 Exempt

Form 52 (Clinical Record)-F.S.394.4615 (1) Confidential & Exempt

Home addresses, telephone numbers, social security numbers, date of birth and photographs of active or
former law enforcement officers or their spouses or children or places of employment or names or locations
of schools and daycare facilities of their spouses and children-F. S. 119.071(4) (d) Exempt

Identifying Information of victims of Sexual Offenses and of Child Abuse- F.S. 119.071(2) (h) Confidential

Identifying information to the witness of a murder- F.S. 119.071(2) (m)1 Confidential for 2 years after the
. date on which the murder is observed

Juvenile Arrest Information-F. S. 985.04(1) and (1) (b) Confidential & Exempt

Security System Information and Plans-F.S. 119.071(3) (a) Confidential & Exempt

Social Security Numbers-F. S. 119.071(5) (a) Confidential

Substance Of a Confession-F.S. 119.071(2) (e) Exempt

Surveillance Techniques or Procedures-F.S. 119.071(2) (d) Exempt

Identifying information of a School Resource Officer-F.S. 1006.12 (6) Exempt

Verson 1.1
Orange County 2
Page I of --- Charging Affidavit
Loca1ion of ' .
-
!,.Datc·T1me • , 1 I Case
02-091493
Defendant's V chicle: BOB'S TOWING -------------~ _f~9/Jf/(L.LY'1/ ___ -:Number:
(ORI) FL048: 0 0 0 0 r Agency
Name:
ORANGE COUNTY SHERIFF'S OFFICE . Dl\lSIOll
I Number:
' Court Case
I Number:

Arrested? Yes0 No DI FCIC/NCIC Check? Ycs0

N D Date Arrested
o (MMIDD/YYYY):
I 09/14/2002
Time of
Arrest: 1:47
AddrcssofarrcSt: ALAFAYA TRAIL/ UNIVERSITY BLVD I Total Bond 500.00
Set At S
Adult -
'
IJackel .Lf/"O(pO IInmateOL _ 37:f:; 'r / Language
EN
DEFENDANT I
l JuvenilP - n Name
\
11
Spoken:
Name
SMART ! ROBERT : RANDALL
Race: W Sex:
M
DOB: 08/06/1982 I Age: 20
(L,F,M):
j Street Name: Road Designator:
AVE
Pos1-Dir: Apt/Ste/Rm:
3202
City:
ORLANDO
State:
FL IZip: 32792
Home
Phone: (561) 866-1406
Height:
6' 02"
Iweigh,: 190
I Hair: BLUE I EyesBROWN
P.O.B.
(City, State, Country): BOYNTON BEACH, FL
Business and
Occupalion:
l A.KA:

BUS. I Street#: IPre-Dir· !Street Name: IRoad Designator: IPost-Dir: IApl/Stc:

SCHOOL ----~·
City: State· Zip: I Bus.
Phone:
Driver's Lie/
State lD No.:
I S1a1e : FL I Expires:
Year 2004 I
CHARGES I MISD. 0 TRAFFIC~
I Court
Location: TRAFFIC #1
DOMESTIC
VIOLENCE? YesD No 0
# OVERRIDE DESCRIPTION FSS/ORD SUFF. CITATION NUMB.

I ! DRIVING WHILE UNDER THE INFLUENCE (1CT} - A I II L\

31~_193(1) 2 588813-X

2 t'AU~ L, I
SEARCHtU.
3
4
- •

I""' AULi-\
• I A -
,J.
-----r-\·
t.Nic.r---- ·
5
61 ..-voC"l""I •
ICoo-Dej•I.
CO-DEFENDANT Arrested? fel Misd TrarD NT A Arrested? vo N Fel D Misdo NTA
Name Race: Sex: DOB: Age:
#1 (L.F,M):
Name Race: Sex: DOB: Age:
#2 (L,F,M):
Nex of
Kin
I Address: Phone:

DCF Notified? Miranda Warning No D

I By
Whom? IInvoked? Yes D No [J

NARRATIVE I The undersigned has probable cause to believe the above-named defendant, on the 14 day

of SEPTEMBER 2002 , at approximatel 1:40 ~a.m. Op.m.

'
at ALAFAYA TRAIL/ UNIVERSITY BLVD (Zone: 22 ) in Orange County did
COMMIT THE ABOVE LISTED OFFENSE.
ON 09/14/02, AT APPROX 0140 HRS, WHILE ON ROUTINE PATROL IN THE VICINITY OF UNIVERSITY
AND ALAFAYA, I OBSERVED A BLUE FORD TAURUS BEARING FL TAG (G73UR) TRAVELING NORTHBOUND ON
ALAFAYA AT UNIVERSITY. THE VEHICLE WAS TRAVE LING STRADDLING TWO LANES NORTHBOUND WITH THE
LEFT TWO TIRES COMPLETELY IN THE INNERMOST NORTHBOUND LANE AND THE RIGHT TWO T IRES COMPLETELY
IN THE MIDDLE NORTHBOUND LANE. THE VEH I CLE CONTINUED IN THIS MANNER FOR APPROX 100 FEET. THE
VEHICLE THEN SWERVED LEFT ABRUPTLY AND ENTERED THE I NSIDE NORTHBOUND LANE. THE VEHICLE THEN

Sworn to and subscribed be~~ I swear o ~ m e n t s are correct and tru 002187
1his 14 day EPT ER 2002
OFFICER'S OCSO EMPLOYEE ID
·..-JL i/ J/A -
- r-iiar(Pubtfc n v ~Enforcement or Corrections Officer
OFFICER'S S I ~ -
. HOPPER, SCOTT
OFFICER'S PRINTED NAME (L,F)
Per:'ionally Known Produced Jd,:.ntification 0 Officer's I Officer's Bus.
Type of!dcntiflcation: Name HOPPE0037 I Phone No.: (407) 836-3770
FOR CORRECTIONS USE ONLY I OBTS: I -1 I I I I I I I I I I I
1001 (1/01) COURT COPY RECORD COPY STATE ATTORNEY COPY DOCKET COPY AGENCY/REPORT REVIEW COPY DEFENDANT COPY
Continuation of: Charging Affidavit Notice To Appear
Case
ROBERT : RANDALL Number: 02-091493 Page _1_ of 2

SWERVED RIGHT AND COMPLETELY ENTERED THE MIDDLE LANE. NEITHER OF THESE LANE CHANGES UTILIZED
TURN SIGNALS. I INITIATED A TRAFFIC STOP ON THE VEHICLE DUE TO VIOLATION OF FSS 316.088(2),
UNSAFE LANE CHANGE AND VIOLATION OF FSS 316.089(li, FAILURE TO DRIVE IN SINGLE LANE. THE
VEHICLE CAME TO A STOP JUST NORTH OF UNIVERSITY ON ALAFAYA TRAIL.
THE DRIVER, IDENTIFIED AS ROBERT SMART, EXITED THE VEHICLE. I IMMEDIATELY SMELLED A
STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM SMART. SMART SAID THAT HE WAS COMING FROM A
PARTY IN JEFFERSON COMMONS APTS AND HAD A FEW BEERS TO DRINK RECENTLY. I OBSERVED THAT
SMART'S EYES WERE RED AND GLASSY. SMART SAID THAT HE "WORKED OUT" EARLIER AND DID NOT HAVE
MUCH TO EAT PRIOR TO DRINKING ALCOHOL. SMART WAS UNABLE TO STAND IN ONE PLACE FOR ANY PERIOD
OF TIME AND CONTINUED TO MOVE AROUND IN THE ROADWAY WHILE HE WAS TALKING TO ME. SMART
APPEARED NERVOUS AND WAS SWEATING.
SMART CONSENTED TO FIELD SOBRIETY TESTS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR
VEHICLE.
HORIZONTAL GAZE NYSTAGMUS -
I OBSERVED ONSET NYSTAGMUS PRIOR TO 45 DEGREES. SMART DISPLAY.ED A LACK OF SMOOTH PURSUIT IN
BOTH EYES. SMART'S EYE COLOR IS BLUE.
ALPHABET -
SMART INITIALLY SAID HE WOULD BE UNABLE TO RECITE HIS ALPHABET. "I CAN'T DO THAT." SMART THEN
DECIDED THAT HE WOULD BE ABLE TO COMPLETE THE TEST AND RECITED HIS ALPHABET.
ONE LEG STAND -
SMART SAID HE DID NOT HAVE ANY PHYSICAL DISABILITIES THAT WOULD PROHIBIT HIM FROM COMPLETING
THIS TEST. SMART BEGAN HIS FIRST ATTEMPT BY RAISING HIS LEFT LEG, BUT BENDING HIS KNEE AND
STARING UPWARD AT THE SKY. SMART LOST HIS BALANCE AND PLACED HIS FOOT DOWN ON THE GROUND
AFTER COUNTING QUICKLY TO 5. SMART RESTARTED THE TEST AND STRAIGHTENED HIS LEG OUTWARD.
SMART BEGAN TO USE HIS ARMS OUTWARD FOR BALANCE. SMART LOST HIS BALANCE AFTER COUNTING
QUICKLY TO 10 AND PLACED HIS FOOT ON THE GROUND. SMART RESTARTED THE TEST FOR A THIRD TIME
AND STRAIGHTENED HIS LEG. SMART RAISED HIS FOOT OFF THE GROUND APPROX 2 INCHES AND PLACED HIS
FOOT DOWN TO REGAIN BALANCE ON 3 SEPARATE OCCASIONS WHILE CONTINUING TO COUNT TO THIRTY.
SMART WAS UNABLE TO SUCCESSFULLY COMPLETE THIS TEST.
WALK AND TURN -
SMART CONDUCTED THIS TEST ON A YELLOW LANE DIVIDER LINE ON LEVEL GROUND. SMART DID NOT TOUCH
HEEL TO TOE ON ANY STEPS AND DID NOT COUNT OUTLOUD DURING THE TEST AS INSTRUCTED. SMART
WALKED 14 STEPS FORWARD AND 11 STEPS BACK ALTHOUGH INSTRUCTED TO WALK ONLY 9 FORWARD AND 9
BACK. SMART WOBBLED DURING THE TEST AND WAS UNSURE DURING THE TEST USING HIS ARMS OUTWARD FOR
BALANCE.
I MADE CONTACT WITH THE FRONT PASSENGER, VERBALLY IDENTIFIED AS CASSANDRA ANN COSTA
7/21/82. COSTA SAID SHE MET SMART AT A PARTY NEARBY. COSTA SAID THAT SHE DID NOT REALIZE
SMART WAS DRUNK, BUT THAT HE HAD BEEN DRINKING VODKA SHOTS AT THE PARTY.
BASED ON MY TRAINING AND EXPERIENCE, I BELIEVE SMART TO BE OPERATING A MOTOR VEHICLE
WHILE UNDER THE INFLUENCE OF ALCOHOL. I ARRESTED SMART AND TRANSPORTED HIM TO THE DUI CENTER
FOR TESTING. UPON ARRIVAL, SMART REFUSED A LAWFUL TEST OF HIS BREATH TO DETERMINE ITS
ALCOHOLIC CONTENT. SMART WAS TRANSPORTED TO CBO ..
SMART'S VEHICLE WAS TOWED BOBS TOWING. INVENTORY OF THE VEHICLE REVEALED RED AND BLUE
FLASHING LIGHTS IN THE FRONT INTERIOR OF THE VEHICLE. A TAZER WAS LOCATED IN THE FRONT SEAT
AND A SHOTGUN IN THE TRUNK. THE TAZER AND SHOTGUN WERE SUBMITTED TO EVIDENCE FOR SAFEKEEPING.
SMART WAS CITED FOR FAILURE TO MAINTAIN A SINGLE LANE, 2143-BZI.

002187
OFFICER'S OCSO EMPLOYEE ID

HOPPER, SCOTT
w Enforcement or Corrections Officer
OFFICER'S PRINTED NAME (L.F)

Officer's Bus.
Type ofJdentificalion: Name HOPPE0037 I Phone No.: (407) 836-3770
IOOI (1/01) COURT COPY RECORD COPY STATE ATTORNEY COPY DOCKET COPY AGENCY/REPORT REVIEW COPY DEFENDANT COPY