| Probable cause affidavit: |
SUBMITTED BY: DAVIS, JAMES 0525 (AR08102458) 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(2)2ND AND DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 033008, WHILE PATROLLING THE AREA OF OLD FLORAL CITY ROAD AND EDEN DRIVE, I OBSERVED A BLUE AND WHITE DIRT BIKE TRAVELING DOWN EDEN TOWARD OLD FLORAL CITY ROAD. AS I PASSED THE DIRT BIKE, I TURNED AROUND AND CONDUCTED A TRAFFIC STOP ON THE DIRT BIKE, FOR WHICH IT CAME TO A STOP ON EDEN DRIVE AT RAILS TO TRAILS. I MADE CONTACT WITH THE DRIVER, WHO ADVISED HE HAD MADE A MISTAKE TONIGHT BY DRIVING HIS DIRT BIKE ON THE ROAD. I ASKED FOR HIS DRIVER'S LICENSE AND HE ADVISED THAT HE DID NOT HAVE A LICENSE AND HANDED ME HIS FLORIDA IDENTIFICATION CARD. WHILE SPEAKING WITH THE DRIVER, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH AND PERSON. HE STATED HE HAD A FEW BEERS THIS EVENING WHILE HE WORKED ON HIS DIRT BIKE. I RETURNED TO MY PATROL VEHICLE AND RAN THE SUBJECT THROUGH FCIC/NCIC WHICH SHOWED HIS LICENSE WAS SUSPENDED ON 123107, 051006 AND 07032006. THE SUSPENSIONS WERE FOR FAILURE TO PAY, DRIVING UNDER THE INFLUENCE (DUI), AND FINANCIAL RESPONSIBILITY SUSPENSION. I RETURNED TO THE DRIVER AND ASKED HIM TO PERFORM A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE AGREED. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED DURING INSTRUCTIONS, WAS NOT ABLE TO STAND HEEL TO TOE, STEPPED OFF THE LINE AND LOST BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, SWAYED, USED ARMS FOR BALANCE AND PUT FOOT DOWN AT 1,003, 1,010 AND 1,012. TASK FOUR, FINGER TO NOSE,. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, DID NOT TOUCH THE TIP OF HIS NOSE AND SWAYED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, SECOND OFFENSE WITH A $1,000.00, BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH DRIVING WHILE LICENSE SUSPENDED (DWLS) WITH KNOWLEDGE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7058-XDO WITH A MANDATORY COURT APPEARANCE ON 041708 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8620-EVX, FOR DWLS WITH A MANDATORY COURT APPEARANCE ON 041708 AT 1300 HOURS. *NOT-EXEMPT* |
