| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR07100357) 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 111607 WHILE TRAVELING NORTH ON US HIGHWAY 41 IN INVERNESS, APPROACHING MOSSY OAK DRIVE, I WAS PASSING THE SUMTER ELECTRIC BUILDING WHEN I OBSERVED A VEHICLE TRAVELING SOUTHBOUND IN THE OUTSIDE NORTHBOUND LANE OF US HIGHWAY 41. I TURNED AROUND, ACTIVATED MY OVERHEAD EMERGENCY LIGHTS, VIDEO CAMERA AND SIREN AND OBSERVED THE VEHICLE TO BE A RED FORD EXPLORER. THE VEHICLE CONTINUED TRAVELING SOUTH IN THE MIDDLE NORTHBOUND LANE BEFORE TURNING INTO THE PARKING LOT OF THE KANGAROO STORE AT EDEN DRIVE AND US HIGHWAY 41 AND STOPPING. I EXITED MY PATROL VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR ALEXANDER BUTTS. I ASKED THE DEFENDANT TO PROVIDE ME WITH HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. AT THAT TIME, I OBSERVED THAT THE DEFENDANT'S SPEECH WAS SLURRED AND THICK-TONGUED. HIS EYES WERE WATERY AND GLASSY AND THERE WAS A FAINT ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. I ALSO OBSERVED THAT THE DEFENDANT'S VEHICLE WAS STILL SLOWLY ROLLING FORWARD AND I HAD TO TELL HIM TWICE TO APPLY THE PARKING BRAKE. THE DEFENDANT PROVIDED ME WITH HIS VEHICLE REGISTRATION AND STATED IT WAS ALL THERE. HOWEVER, HIS DRIVER'S LICENSE WAS NOT PRESENT. I AGAIN ASKED THE DEFENDANT TO PROVIDE ME WITH HIS DRIVER'S LICENSE, AT WHICH TIME HE HANDED ME A TEXAS DRIVER'S LICENSE. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, TO WHICH HE STATED "LAST NIGHT." I ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND COME TO THE FRONT OF MY PATROL VEHICLE. AS THE DEFENDANT EXITED HIS VEHICLE, HE DROPPED HIS CELLULAR TELEPHONE, WHICH HAD BEEN IN HIS LAP, ONTO THE GROUND. ONCE AT THE FRONT OF MY PATROL VEHICLE, 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 HE HAD HAD BACK SURGERY. DURING THIS TIME, I HAD TO REQUEST TWO TIMES THAT THE DEFENDANT REMOVE HIS HANDS FROM HIS POCKET. 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 TOUCHED HEEL TO TOE ONLY ON THE FIRST STEP, STEPPED OFF THE LINE ON COUNT FIVE DOWN, STOPPED AFTER NINE STEPS AND HAD TO BE INSTRUCTED TO COMPLETE THE REMAINDER OF THE TASK. ON THE RETURN NINE STEPS, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF THE STEPS. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOUCHED HIS NOSE WITH THE MIDDLE PORTION OF HIS FINGER, DID NOT KEEP HIS HEAD TILTED BACK, DID NOT KEEP HIS EYES CLOSED, STARTED WITH THE WRONG HAND AND FUMBLED AND TOUCHED WITH THE MIDDLE PORTION OF HIS FINGER ON THE LAST ATTEMPT. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN AT COUNT ELEVEN AND RAISED HIS FOOT ONLY WHEN INSTRUCTED BY DEPUTY COX. UPON COMPLETION OF THIS TASK, THE DEFENDANT LOST HIS BALANCE AND NEARLY FELL DOWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I INSTRUCTED THE DEFENDANT TO PLACE HIS HANDS ON THE HOOD OF MY PATROL VEHICLE, AT WHICH TIME THE DEFENDANT WAS SEARCHED INCIDENT TO ARREST. DURING MY SEARCH OF THE DEFENDANT, I ASKED WHAT WAS IN HIS RIGHT FRONT PANTS POCKET, TO WHICH HE STATED MONEY AND HIS DRIVER'S LICENSE. IT SHOULD BE NOTED THE DEFENDANT HAD PREVIOUSLY HANDED ME HIS DRIVER'S LICENSE AT THE BEGINNING OF THE TRAFFIC STOP. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. DEPUTY COX QUESTIONED THE DEFENDANT ABOUT A PRESCRIPTION BOTTLE WHICH CONTAINED METHOCARBAMOL, 750 MILLIGRAMS, TO WHICH THE DEFENDANT STATED IT WAS HIS. I ASKED THE DEFENDANT WHEN THE LAST TIME WAS THAT HE HAD TAKEN ONE OF THE PILLS, TO WHICH HE STATED ON 111507 AT 2230 HOURS. PRIOR TO LEAVING THE SCENE, DEPUTY COX REMAINED WITH THE DEFENDANT'S VEHICLE UNTIL IT 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 AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .007 AND .007 AND REFUSED A URINE TEST. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 9449-XAI, WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8083-FGW, FOR DRIVING ON THE WRONG SIDE OF THE ROADWAY. THE DRIVER WAS ALSO CHARGED WITH REFUSAL TO SUBMIT TO THE LAWFUL TEST OF HIS URINE WITH BOND SET AT $500.00, PER THE BOND SCHEDULE AND ISSUED CITATION NUMBER 8084-FGW. *NOT-EXEMPT* |
