| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR08103453) 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 052908, DEPUTY DUHART AND I WERE DISPATCHED TO THE AREA OF SOUTH APOPKA AVENUE AND SENECA STREET IN REFERENCE TO A WHITE TRUCK THAT WAS OCCUPIED BY A WHITE MALE WHO WAS UNCONSCIOUS. UPON ARRIVAL, I OBSERVED A WHITE FORD PICKUP STOPPED IN THE ROADWAY AT THE STOP SIGN ON APOPKA AVENUE AT THE INTERSECTION OF SENECA STREET. I MADE CONTACT WITH DEPUTY DUHART, WHO WAS ALREADY ON SCENE, WHO ADVISED ME THAT THE DRIVER, MR DANNY AHRENS, APPEARED TO BE INTOXICATED AND THAT UPON HER ARRIVAL HE WAS "PASSED OUT" WHILE IN CONTROL OF THE VEHICLE, WHICH WAS STILL RUNNING AT THAT TIME. I THEN REQUESTED MR AHRENS TO TURN THE VEHICLE OFF AND EXIT THE VEHICLE. MR AHRENS HAD GREAT DIFFICULTY IN OPENING THE VEHICLE DOOR AND APPEARED TO NOT KNOW HOW TO OPEN IT. AS I WAS SPEAKING TO MR AHRENS, I NOTED HIS EYES TO BE EXTREMELY GLASSY AND BLOODSHOT AND HIS SPEECH TO BE SLURRED. I ASKED MR AHRENS IF HE HAD BEEN DRINKING, TO WHICH HE REPLIED THAT HE HAD THREE OR FOUR BEERS EARLIER. I THEN EXPLAINED TO HIM THAT I HAD CONCERNS FOR HIS ABILITY TO DRIVE AND ASKED THAT HE SUBMIT TO ROADSIDE SOBRIETY TASKS, TO WHICH HE AGREED. PRIOR TO BEGINNING THE TASKS I ASKED MR AHRENS IF HE SUFFERED FROM ANY IMPAIRMENTS WHICH MAY AFFECT THE TASKS, TO WHICH HE REPLIED, "NOT TO MY KNOWLEDGE." I ALSO ASKED IF HE SUFFERED FROM DIABETES OR WORE CONTACTS, AND HE REPLIED IN THE NEGATIVE TO BOTH QUESTIONS. TASK ONE - WALK AND TURN THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND WHEN HE WAS ASKED IF HE UNDERSTOOD THE TASKS, HE STATED THAT HE DID. THE TASK WAS THEN BEGUN. DURING THE TASK THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ON APPROXIMATELY FIFTY PERCENT OF THE STEPS FORWARD, AND HE FAILED TO TURN AND RETURN AS INSTRUCTED. HE WAS THEN REMINDED OF THAT STEP, AT WHICH TIME HE RETURNED WITHOUT TOUCHING HEEL TO TOE ON APPROXIMATELY FIFTY PERCENT OF THE STEPS. TASK TWO - FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND WHEN HE WAS ASKED IF HE UNDERSTOOD THE TASKS, HE STATED THAT HE DID. THE TASK WAS THEN BEGUN. DURING THE TASK THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE ON EACH ATTEMPT, TOUCHING HIS UPPER LIP INSTEAD. HE WAS REMINDED THAT THE TASK CALLED FOR HIM TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE; HOWEVER HE CONTINUED TO FAIL TO DO SO. ALSO DURING THE TASK THE DEFENDANT FAILED TO KEEP HIS HEAD TILTED BACK AND HIS EYES CLOSED, DESPITE SEVERAL INSTRUCTIONS TO DO SO. HE ADDITIONALLY FAILED TO RETURN HIS HAND TO HIS SIDE ON THE FIRST FOUR ATTEMPTS. TASK THREE - ONE LEG STAND THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND WHEN HE WAS ASKED IF HE UNDERSTOOD THE TASKS, HE STATED THAT HE DID. THE TASK WAS THEN BEGUN. DURING THIS TASK THE DEFENDANT RAISED HIS RIGHT FOOT, COUNTED TO THREE AND THEN PUT HIS FOOT BACK DOWN. HE THEN RAISED HIS LEFT FOOT, COUNTED TO FIVE, AND PUT HIS FOOT DOWN. HE THEN RAISED HIS RIGHT FOOT, COUNTED TO SEVEN, AND THEN PLACED IT BACK DOWN. THE TASK WAS THEN STOPPED AND WAS ONCE AGAIN EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND HE ONCE AGAIN STATED THAT HE UNDERSTOOD. THE TASK WAS THEN BEGUN ONCE AGAIN AND HE THEN RAISED HIS RIGHT FOOT, COUNTED TO FOUR, AT WHICH TIME HE BEGAN TO LIFT HIS ARMS AND LOOSE BALANCE, AND THEN HE RETURNED HIS FOOT TO THE GROUND. HE THEN IMMEDIATELY LIFTED HIS LEFT FOOT, COUNTED TO FIFTEEN, AND THEN BEGAN TO LIFT HIS ARMS AND LOOSE BALANCE, AND ONCE AGAIN RETURNED HIS FOOT TO THE GROUND. MR AHRENS WAS THEN PLACED UNDER ARREST, WAS HANDCUFFED (DOUBLE-LOCKED) AND WAS PLACED INTO THE REAR OF MY PATROL CAR. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY JAIL WHERE CUSTODY WAS TRANSFERRED TO JAIL STAFF WHO REQUESTED THAT HE SUBMIT TO A LAWFUL TEST OF HIS BREATH, WHICH HE REFUSED. MR AHRENS WAS THEN CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. HE WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4272-XDX, WITH A MANDATORY COURT APPEARANCE OF 061208 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. CONTACT WAS ALSO MADE WITH A WITNESS, MR TIMOTHY MESSER, WHO HAD OBSERVED MR AHRENS TO BE UNCONSCIOUS BEHIND THE WHEEL OF HIS VEHICLE. MR MESSER ADVISED THAT HE WAS NOT SURE IF MR AHRENS WAS ALIVE OR DEAD WHEN HE FIRST SAW HIM. DEPUTY DUHART SUBSEQUENTLY OBTAINED A WRITTEN STATEMENT FROM MR MESSER, WHICH WAS SUBSEQUENTLY SUBMITTED TO THE RECORDS DIVISION FOR INCLUSION WITH THIS CASE. MR AHRENS' GIRLFRIEND, "NICOLE", WAS CONTACTED AND SUBSEQUENTLY RESPONDED TO THE SCENE AND TOOK POSSESSION OF HIS VEHICLE. A DAVID CHECK REVEALED THAT MR AHRENS WAS ARRESTED ON 021796 FOR DRIVING WHILE UNDER THE INFLUENCE (DUI), AND AGAIN ON 090895 FOR DUI, BOTH IN IOWA. AS OF THIS WRITING IT IS UNKNOWN AS TO WHAT THE DISPOSITION IS ON THOSE CHARGES. *NOT-EXEMPT* |
