| Probable cause affidavit: |
SUBMITTED BY: MADDUX, DAWAYNE FHP1422 (AR07100986) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: OXYCODONE AND 4 PILVA 563, IN VIOLATION OF FLORIDA STATE STATUTE 893.13 AND 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 122907 AT APPROXIMATELY 2205 HOURS, I RECEIVED A CALL FROM TROOPER CRIMA (1388) THAT HE WAS BEHIND A VEHICLE OF WHICH HE BELIEVED THE DRIVER TO BE IMPAIRED, TRAVELING NORTHBOUND ON U S HIGHWAY 19, JUST NORTH OF STATE ROAD 50. THE DRIVER OF THE VEHICLE WAS UNABLE TO MAINTAIN A SINGLE LANE. THE DRIVER WENT ALL THE WAY IN TO THE GRASSY MEDIAN SEVERAL TIMES WHILE TRAVELING NORTHBOUND ON U S HIGHWAY 19. I RESPONDED TO TROOPER CRIMA'S LOCATION, DUE TO TROOPER CRIMA BEING IN HIS PERSONAL VEHICLE. I CAUGHT UP TO TROOPER CRIMA AND THE SUSPECT VEHICLE NORTHBOUND ON U S HIGHWAY 19, JUST NORTH OF THE HERNANDO COUNTY LINE. AT THAT TIME, THE DRIVER WAS UNABLE TO MAINTAIN A SINGLE LANE AND WAS IN THE OUTSIDE LANE. THE DRIVER WENT ON TO THE EAST GRASSY SHOULDER AND BACK IN TO HIS OUTSIDE LANE, THEN GOT IN TO THE INSIDE LANE WITHOUT EVERY USING A BLINKER. I ACTIVATED MY EMERGENCY EQUIPMENT AND PULLED THE VEHICLE OVER JUST SOUTH OF U S 98 ON THE GRASSY SHOULDER. I APPROACHED THE VEHICLE ON THE PASSENGER SIDE AND HE HAD NO OCCUPANTS IN THE VEHICLE. THE DEFENDANT/DRIVER, MR WILLIAM WEISS, LOWERED THE PASSENGER WINDOW AND I COULD IMMEDIATELY SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE. THE DEFENDANT HAD SLURRED SPEECH AND WATER EYES. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING AND HE STATED HE HAD A FEW BEERS. I THEN TOLD THE DEFENDANT TO TURN OFF HIS VEHICLE, REMOVE THE KEYS FROM IT AND PUT THEM ON THE ROOF OF HIS VEHICLE. I THEN WALKED TO THE DRIVER'S SIDE AND ASKED THE DEFENDANT TO EXIT HIS VEHICLE. I HAD THE DEFENDANT STAND IN FRONT OF HIS VEHICLE AND TOLD HIM THE REASON I PULLED HIM OVER WAS FOR FAILURE TO MAINTAIN A SINGLE LANE. THE DEFENDANT WAS UNABLE TO MAINTAIN A STANCE WITHOUT LEANING ON HIS VEHICLE. I THEN ASKED THE DEFENDANT TO STOP LEANING ON HIS VEHICLE, AT WHICH TIME, HE TRIED TO DO SO AND ALMOST FELL OVER. I ADVISED THE DEFENDANT I WAS GOING TO BE CONDUCTING A DUI INVESTIGATION AND READ HIM HIS MIRANDA RIGHTS. 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 HAD BACK SURGERY TWICE. 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 WOULD NOT KEEP HIS HEAD STILL AND AT SOME POINTS HE WOULD MOVE HIS HEAD ALL THE WAY TO THE RIGHT AND LEFT, FOLLOWING MY PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO UNDERSTAND MY INSTRUCTIONS, COULD NOT MAINTAIN HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT, HE WAS UNABLE TO MAINTAIN BALANCE DURING THE ENTIRE INSTRUCTION PHASE AND THIS TROOPER HAD TO CATCH HIM TO PREVENT HIM FROM FALLING. TASK THREE, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PUT HIS HEAD BACK AND CLOSE HIS EYES. THE DEFENDANT ALMOST FELL OVER SEVERAL TIMES. THIS TROOPER CONCLUDED THAT IT WAS UNSAFE FOR THE DEFENDANT TO SUBMIT TO ANYMORE SOBRIETY TASKS BECAUSE HE WAS ENDANGERING HIMSELF. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. A SEARCH OF THE DEFENDANT'S VEHICLE INCIDENT TO ARREST REVEALED A MEDICINE BOTTLE IN THE CENTER CONSOLE WITH TEN WATSON PILLS WITH THE STAMP OF 824 (OXYCODONE) ON THE BACK OF THEM. ALSO, FOUR PLIVA PILLS WITH THE STAMP OF 563 ORANGE IN COLOR. THE DEFENDANT HAD NO PRESCRIPTION FOR THESE PILLS AND THE PRESCRIPTION LABEL ON THE MEDICINE BOTTLE WAS RIPPED OFF. I ALSO FOUND IN A COOLER IN RIGHT REAR OF THE DEFENDANT'S TRUCK, IN REACH OF THE DRIVER, I LOCATED FIVE BUD LIGHT BEER CANS THAT WERE 12 FLUID OUNCES, EMPTY IN ICED WATER AND THREE TWELVE OUNCE GLASS BOTTLES OF BUD LIGHT THAT WERE EMPTY AND ALSO IN THE ICE WATER OF THE COOLER. THE DEFENDANT ADVISED HE HAD SIX BEERS AT HOOTER'S RESTAURANT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND POSSESSION OF A CONTROLLED SUBSTANCE WITHOUT A PRESCRIPTION WITH A $2,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8307-XAU WITH A MANDATORY COURT APPEARANCE OF 011708 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3956-FLD , FOR POSSESSION OF A CONTROLLED SUBSTANCE WHILE IN CONTROL OF A MOTOR VEHICLE. *NOT-EXEMPT* |
