| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN \t0684\t(AR12-3835) YERBURY, CHAD \t1244 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 121412 AT APPROXIMATELY 2345 HOURS, I WAS DISPATCHED TO THE INTERSECTION OF NORTH FLORIDA AVENUE AND EAST LAKE PLACE IN HERNANDO AS BACKUP TO DEPUTY BEHNEN WHO WAS ON A TRAFFIC STOP. UPON MAKING CONTACT WITH DEPUTY BEHNEN, HE ADVISED THAT HE BELIEVED THAT THE SUSPECT/DRIVER WAS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. HE THEN TURNED THE INVESTIGATION OVER TO ME. I NEXT MADE CONTACT WITH THE SUSPECT/DRIVER, MR JESSIE RODRIGUEZ, AND NOTICED THAT HE HAD RED, BLOOD-SHOT EYES, HIS SPEECH WAS SLURRED AND HE WAS SLOW TO RESPOND TO QUESTIONS. THE SUSPECT DID AGREE TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS. AT THAT TIME, WE RELOCATED TO A WELL LIGHTED AREA IN THE PARKING LOT ACROSS THE STREET. THE SUSPECT WAS ASKED 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. HE WAS ASKED IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES EARLIER, TO WHICH HE STATED HE ONLY HAD ONE BEER. WE ASKED THE DEFENDANT HIS LEVEL OF EDUCATION AND HE STATED HE HAD FINISHED THE TWELFTH GRADE. WHILE SPEAKING WITH THE SUSPECT I COULD SMELL A MODERATE ODOR OF ALCOHOL BEING EMITTED FROM HIS BREATH. TASK ONE, HORIZONTAL GAZE NYSTAGMUS (HGN): PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. DURING THE HGN TASK, HE DID SHOW LACK OF SMOOTH PURSUIT. TASK TWO, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT HAD TROUBLE WITH HIS BALANCE WHILE HIS HEAD WAS TILTED BACK. THE DEFENDANT TOUCHED THE BRIDGE OF HIS NOSE ON ALL ATTEMPTS AND SWAYED WHILE COMPLETING THE TASK. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK AND CONTINUOUSLY PLACED HIS FOOT DOWN ON THE GROUND. THE DEFENDANT DID NOT FOLLOW THE DIRECTIONS AND COULD NOT PICK HIS FOOT UP FOR MORE THAN ONE SECOND AT A TIME. THE DEFENDANT ALSO FELL BACKWARDS TWICE. AT THAT TIME THE TASK WAS STOPPED FOR HIS SAFETY. TASK FOUR, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT TOOK MORE THAN FOUR STEPS NOT HEEL-TO-TOE IN EACH DIRECTION AND STEPPED OFF OF THE LINE ON MULTIPLE OCCASIONS. BASED ON THE FACT THE SUSPECT/DEFENDANT COULD NOT PERFORM THESE TASKS PROPERLY, IT WAS DETERMINED HE WAS TOO IMPAIRED TO DRIVE. THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI. HE WAS HANDCUFFED, DOUBLE LOCKED, BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANTâS VEHICLE WAS SECURED AND LEFT ON SCENE AT HIS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEPUTY BEHNEN DID ISSUE THE DEFENDANT WARNING CITATION NUMBER 354319B, FOR FAULTY EQUIPMENT, INOPERABLE LEFT TAILLIGHT. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 9743-XEI3, WITH A MANDATORY COURT DATE OF 011013 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS READ HIS IMPLIED CONSENT BY DETENTION FACILITY STAFF AND HE DID AGREE TO SUBMIT TO A BREATH TEST WITH THE RESULTS BEING .206 AND .207. AS THE DEFENDANT HAS A PRIOR DUI CONVICTION, HE WAS CHARGED WITH DUI SECOND OFFENSE. HIS BOND WAS SET AT $1,000.00. |
