DUI, Resisting Charges Filed Against Unemployed Man Driving Gray Infiniti.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — A Boca Raton man is facing DUI and resisting arrest charges following a traffic stop that apparently required police to physically pull the driver from his car. That driver then threw up on the ground.
Aaron Boyle was pulled over for a taillight violation early Tuesday morning in the area of 1500 NW 15th Avenue around 2 a.m. But police say he refused to get out of his car when they claim they smelled alcohol, or another substance, coming from his breath.
The police report explains what happened:
I then made contact with Boyle, who was still seated in the driver seat, and the vehicle was off but keys still inside the vehicle. Upon asking Boyle if he knew why he was pulled over, Boyle advised he did not know and that he already gave me his license and insurance information. It should be noted that Sgt Caruso had informed me of why he was pulled over prior to my arrival. I also only had his registration and driver’s license that he gave to Sgt Caruso, not his insurance. At that point, I could also smell a very strong odor of alcohol emanating from Boyle’ breath and person. Additionally, he was slurring his speech slowly while speaking with me, and his eyes were bloodshot glossy red. I then asked Boyle where he was coming from, and he replied that he was not going to answer any questions. I then informed him that I was conducting a DUI investigation and was concerned that he was possibly driving while under the influence. Boyle again advised he was not going to answer any questions.
I then asked Boyle to step outside of the vehicle. Boyle advised he would not. I then told him that he was baing detained right now for a DUI investigation, and I am asking him to step outside of his vehicle so I could continue my DUI investigation. Boyle again stated he would not step outside of the vehicle. Sgt Caruso and Ofc Henderson, were also present and asked Boyle to step outside of the vehicle. Boyle stated he would not step outside and we should just take him to jail. At this point, I then told Boyle that I was giving him a lawful command to step outside of the vehicle as he was detained, and if he did not step out, he will be placed under arrest for resisting without violence.
Boyle again stated he would not and that officers will have to pull him out of the vehicle. Ofc Henderson then continued to explain to Boyle that I was present to conduct a DUI investigation and that him not stepping outside of the vehicle will result in a resisting without violence charge. Boyle still stated he would not step outside of the vehicle. I then opened the driver-side door of the vehicle. Ofc Henderson then grabbed onto Boyle’s left wrist and began to pull him outside of the vehicle. I then grabbed onto Boyle’s right wrist as Boyle was then brought to the ground near the vehicle on his stomach. At this point, Boyle then vomited onto the ground and braced and tensed his body by keeping his right arm in front of his body. I then gave Boyle repeated commands to stop resisting and to put his arms behind his back. Ofc Henderson and I then continued to grab both his wrists and eventually put then behind his back and into two sets of handcuffs. I placed the handcuffs on Boyle. After he was secured in handcuffs, double-locked, myself and other officers then rolled Boyle onto his side and sat him upright. Boyle then stated he had nothing to say to us. At this point, I informed Boyle that he was being placed under arrest for resisting without violence pursuant to E.S.S 843.02 at 0207 hours.
Boyle then advised his wrists were hurting him. BRFD responded to our location to check Boyle’s wrists. BRED did not find any issues with Boyle’s wrists (FD run # 21-14737), and Boyle did not want any medical attention. I then also readjusted the handcuffs now that he was no longer bracing and tensing his body. The handcuffs were also double-locked and checked for tightness and proper fit. Ofc Rosario then responded to transport Boyle to the BRPD booking facility. Once at the BRPD booking facility, I advised Boyle that I was still concerned that he had been driving his vehicle while under the influence of alcohol and/or a chemically controlled substance. I then asked Boyle if he would be willing to perform a series of field sobriety tasks to dispel my alarm that he is under the influence. I told Boyle that the field sobriety tasks are voluntary, and he can either agree to them, disagree, or not answer, which would be taken as a refusal. Boyle then did not answer me. I then advised him that him not answering was taken as a refusal. I then informed him of his Taylor Warnings, which included that his refusal to submit to the field sobriety tasks can be used against in him court as evidence, and I will be forced to base my decision on whether or not he is under the influence on the totality of circumstances i.e. his slurred speech, his bloodshot glossy eyes, the strong smell of alcohol emanating from his breath and person, and him stating he was coming from a local bar (0’Brians).
After advising him of these warnings, I then asked him if he would be willing to submit to the field sobriety tasks again, and he again did not answer me, indicating his refusal. At this point, I then informed him that he was being additionally charged with DUI pursuant to E.S.S.316. 193 (1) (a). Boyle was then taken into the BRPD BAT facility and Ofc Price responded as the BAT operator. Upon arrival at 0249 hours, I conducted a 20-minute observation on Boyle. Boyle was then taken into the BAI room. Boyle refused to provide a breath sample and became argumentative. I then read Boyle his Florida Implied Consent Warnings, and Boyle advised he understood these warnings and again refused to provide a breath sample. Boyle stated he invoked his fifth amendment rights, therefore, I did not read him his Constitutional Warnings and no further questions were asked. I also then asked Boyle to sign two copies of the DUI citation issued (#AGLQF5E), however, Boyle advised he would not sign the citations. I told him that not signing the citations is an additional charge, and Boyle advised he still would not sign the citations. Aaron Boyle is being charged under F.S.S. 316.193(1) (a) for DUI (DUI citation issued). Additionally, Boyle is being charged with resisting without violence pursuant to F.S.S. 843.02, and refusal to sign a citation pursuant to F.S.S. 318.14 (3). Boyle was also issued a citation for no tail lights at night by Sgt Caruso (citation #8899-RXW2).
Boyle was booked into the Palm Beach County Jail around 6:18 Tuesday morning. He was released several hours later on his own recognizance. He has entered “not guilty” pleas to all charges filed against him. A court date is pending.
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