| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR12-761) âââââ 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 041512 AT APPROXIMATELY 0315 HOURS, WHILE CONDUCTING ROUTINE TRAFFIC CONTROL IN THE AREA OF NORTH CITRUS AVENUE, I OBSERVED A GRAY KIA FOUR DOOR ACCELERATE AT A HIGH RATE OF SPEED FROM THE GAS STATION AT THE CORNER OF NORTH CITRUS AVENUE AND WEST DUNKLIN STREET. THE VEHICLE WAS PROCEEDING EASTBOUND ON WEST DUNKLIN STREET. AS I APPROACHED THE VEHICLE BEARING FLORIDA TAG 3353HX, I OBSERVED THE VEHICLE TO BE SWERVING ON THE OUTSIDE FOG LINE TO INSIDE YELLOW LINE, AT WHICH TIME, I ACTIVATED MY IN CAR VIDEO EQUIPMENT. WHILE FOLLOWING THE VEHICLE, I OBSERVED THE DRIVER TO BE SWERVING AND HE WAS UNABLE TO KEEP A STEADY COURSE. HE ALSO CONTINUALLY TAPPED THE BRAKE AND THEN WOULD ACCELERATE TO INCONSISTENT SPEEDS. THE VEHICLE WAS ALSO SQUARING OFF CURVES AND UPON THE VEHICLE TURNING SOUTH ON NORTH FAIRPORT AVENUE, THE VEHICLE TURNED SHARPLY CROSSING THE OUTSIDE FOG LINE AND TRAVELLED ON THE DIRT ROAD. I THEN ACTIVATED MY EMERGENCY OVER HEAD LIGHTS. UPON STOPPING THE VEHICLE I MADE CONTACT WITH THE DRIVER/DEFENDANT IDENTIFIED AS MR ADAM JOSEPH BOMBLY. I OBSERVED THE STRONG ODOR OF ALCOHOLIC BEVERAGE UPON HIS PERSON. I THEN ASKED MR BOMBLY IF HE WAS HAVING ANY MEDICAL ISSUES TO WHICH HE STATED NO. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES. THE DEFENDANT ADVISED HE HAD DRUNK TWO BEERS EARLY IN THE EVENING. THE DEFENDANT ALSO HAD HIS GIRLFRIEND, MS MARIAH GRIMES, RIDING AS A PASSENGER IN THE VEHICLE. AT THIS POINT I REQUESTED FOR A BACK UP DEPUTY AND K-9 DEPUTY COX ARRIVED ON SCENE. DEPUTY COX THEN WALKED "K-9" PRIEST AROUND THE VEHICLE. DEPUTY COX INFORMED ME THAT "K-9" PRIEST HAD ALERTED TO THE ODOR OF ILLEGAL NARCOTICS AT THE PASSENGER SIDE OF THE VEHICLE. DEPUTY COX THEN ASKED THE DRIVER AND PASSENGER TO STEP OUTSIDE THE VEHICLE. DEPUTY COX THEN SEARCHED THE VEHICLE WHICH MET WITH NEGATIVE RESULTS. AT THIS TIME, I TOLD THE DEFENDANT THAT I WOULD BE CONDUCTING FIELD SOBRIETY TASKS, TO WHICH STATED THAT HE WOULD COMPLY WITH. 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. I ASKED THE DEFENDANT TO PLACE HIS RIGHT INDEX FINGER TO THE TOP OF MY PEN AND THEN RETURN IT DOWN TO HIS SIDE. BEFORE ATTEMPTING THE TASK, THE DEFENDANT ASKED ME TO REPEAT THE DIRECTIONS. AS THE DEFENDANT REACHED FOR THE TOP OF THE PEN, HE SWAYED AND WAS UNABLE TO MAINTAIN HIS BALANCE. THE DEFENDANT LEFT HIS FINGER ON THE TOP OF THE PEN FOR SEVERAL SECONDS BEFORE RETURNING HIS ARM TO HIS SIDE. 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 EYES. ALSO THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. DURING THIS EXERCISE THE DEFENDANT SWAYED ROCKING BACK AND FORTH MORE THAN SIX INCHES AND THE DEFENDANT ALSO HAD DIFFICULTY TRACKING THE PEN. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO CLARIFY DIRECTIONS AND LEFT HIS FINGER ON HIS NOSE AFTER HE WAS GIVEN CLEAR INSTRUCTIONS TO TOUCH HIS NOSE AND RETURN HIS HAND TO HIS SIDE. DURING THIS EXERCISE THE DEFENDANT ALSO HAD DIFFICULTY MAINTAINING HIS BALANCE AND WAS SLOW IN PLACING HIS FINGER ON HIS NOSE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ON HIS FIRST ATTEMPT BENT HIS KNEW AS HE LIFTED HIS FOOT AND WAS UNABLE TO MAINTAIN HIS BALANCE. THE DEFENDANT COUNTED OUT LOUD TO THE NUMBER NINE AND PLACED HIS FOOT BACK ON THE GROUND. I THEN EXPLAINED AND DEMONSTRATED THE EXERCISE ONCE AGAIN TO THE DEFENDANT. ON THE DEFENDANTâS SECOND ATTEMPT HE BROUGHT HIS FOOT FROM THE GROUND AND BEGAN JUMPING ON ONE FOOT TO MAINTAIN HIS BALANCE. DURING THIS EXERCISE THE DEFENDANT ALSO RETURNED HIS FOOT TO THE GROUND BEFORE BEING TOLD TO AND DID NOT COMPLETE THE TASK. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT COUNT OUT LOUD AS INSTRUCTED. THE DEFENDANT ALSO USED HIS ARMS FOR BALANCE AND HAD TO ASK FOR DIRECTIONS. THE DEFENDANT WALKED A SERIES OF NINE STEPS STAGGERING FROM HEEL TO TOE. THE DEFENDANT TURNED AFTER THE NINTH STEP AND CONTINUED NINE STEPS STILL NOT COUNTING OUT LOUD AND USED HIS ARMS FOR BALANCE. TASK FIVE, RHOMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT RECITED THE ALPHABET CORRECTLY, BUT WAS UNABLE TO MAINTAIN HIS BALANCE. THE DEFENDANT BOBBED HIS HEAD WITH EACH LETTER OF THE ALPHABET. TASK SIX, COUNTING BACKWARDS FROM 47 TO 34. THIS TASKED WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT COUNTED CORRECTLY, BUT WAS ALSO UNABLE TO MAINTAIN HIS BALANCE AND SLURRED HIS SPEECH. THE DEFENDANT ALSO ASKED TO REPEAT THE DIRECTIONS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. DEPUTY DOYLE ARRIVED ON SCENE, AND WAITED FOR THE DEFENDANT'S VEHICLE TO BE TOWED BY KNIGHTLY TOWING TO THEIR IMPOUND FACILITY. MS. GRIMES WHO STATED THAT SHE WAS ALSO IMPAIRED AND COULD NOT DRIVE, WAS GIVEN A RIDE HOME BY DEPUTY DOYLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. IT SHOULD BE NOTED THAT THE DEFENDANT IS UNDER THE AGE OF 21. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.111 AND 0.114. 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, NUMBER 4982-XDX-3 WITH A MANDATORY COURT APPEARANCE OF 050312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, FOR FAILURE TO MAINTAIN A SINGLE LANE. THE FIELD SOBRIETY EXERCISES WERE RECORDED VIA IN VEHICLE DASH CAMERA, A COPY WAS SUBMITTED INTO EVIDENCE. |
