| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATT 0334 (AR10114227) 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; ON 040910, AT APPROXIMATELY 2130 HOURS, I WAS DISPATCHED TO HIGHWAY 19 AND 495 IN REFERENCE TO A VEHICLE ACCIDENT. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY S PHILLIPS, WHO ADVISED THAT HE WAS IN THE PROCESS OF WORKING THE TRAFFIC ACCIDENT AND ASKED IF I COULD KEEP AN EYE ON THE DEFENDANT, MR JOSE VAZQUEZMORENO, DUE TO HIM BEING VERY BELLIGERENT AND UNCOOPERATIVE. I ADVISED THAT I WOULD DO SO, AT WHICH TIME I DID DETECT A STRONG ODOR OF ALCOHOL EMANATING FROM THE DEFENDANT. A SHORT TIME THEREAFTER, DEPUTY PHILLIPS ADVISED THAT HE HAD COMPLETED HIS TRAFFIC CRASH AND INVESTIGATION. HE THEN ASKED IF I WOULD CONDUCT THE DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION, AT WHICH POINT I ADVISED THAT I WOULD DO SO. I THEN POSITIONED MY VEHICLE IN A WELL LIGHT AREA AND CONDUCTED FIELD SOBRIETY TASKS WITH THE DEFENDANT. 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. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT ALSO COULD NOT FOLLOW THE PEN WITH HIS EYES WITHOUT MOVING HIS HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK NUMEROUS STEPS, HE DID NOT COUNT OUT LOUD, AND DID NOT WALK HEEL TO TOE ON ANY OF THE STEPS THAT HE TOOK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD HIS LEG OFF THE GROUND, HE REPEATEDLY PLACED HIS FOOT ON THE GROUND TO MAINTAIN HIS BALANCE, AND DID NOT COUNT OUT LOUD. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH FINGER TO NOSE. HE DID NOT USE THE CORRECT ARMS AS INSTRUCTED TO DO SO AND DID NOT CLOSE HIS EYES WHILE PERFORMING THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE BREATHALYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .151 AND .147. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 492901X WITH A MANDATORY COURT APPEARANCE ON 042910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1708-ESH , FOR NO VALID DRIVER'S LICENSE AND UNIFORM TRAFFIC CITATION NUMBER 1707-ESH, FOR CARELESS DRIVING THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $650.00, PER THE BOND SCHEDULE. FURTHER DETAILS OF THE FIELD SOBRIETY TASKS WERE CAPTURED ON MY IN-CAR VIDEO SYSTEM AND WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. *NOT-EXEMPT* |
