| Probable cause affidavit: |
SUBMITTED BY: TABB, LYNN 0418 (AR08101332) DID, BEING THEN AND THERE THE DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE OR OTHER PROPERTY WHICH IS DRIVEN OR ATTENDED BY ANOTHER PERSON, FAIL TO IMMEDIATELY STOP HIS VEHICLE AT THE SCENE OF SUCH ACCIDENT AND FULFILL THE REQUIREMENT OF FLORIDA STATUTE 316.062, IN VIOLATION OF FLORIDA STATUTE 316.061(1) 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(1)(A) ON 012008 AT APPROXIMATELY 2300 HOURS, I WAS ON PATROL IN THE AREA OF SOUTH BEA AVENUE AND EAST GULF TO LAKE HIGHWAY, BOLOING FOR THE DEFENDANT'S VEHICLE WHICH HAD BEEN INVOLVED IN A TRAFFIC CRASH EARLIER. I WAS ADVISED BY THE DEPUTY WHO WORKED THE CRASH THAT THE DEFENDANT HAD LEFT THE SCENE PRIOR TO LAW ENFORCEMENT ARRIVING. THE DEPUTY WORKING THE CRASH ADVISED THAT THE OTHER PARTY INVOLVED HAD MADE CONTACT WITH THE DEFENDANT PRIOR TO THE DEFENDANT LEAVING THE SCENE. THE VICTIM ADVISED THE DEPUTY THAT THE DEFENDANT WAS INTOXICATED. CORPORAL SCHANEL OBSERVED THE VEHICLE WESTBOUND ON EAST GULF TO LAKE HIGHWAY. HE ADVISED ON THE RADIO THAT THE DEFENDANT WAS WEAVING IN HIS TRAFFIC LANE. CORPORAL SCHANEL STATED HE ATTEMPTED TO CONDUCT A TRAFFIC STOP, AT WHICH TIME THE DEFENDANT DROVE HIS VEHICLE UP OVER THE CURB, ACROSS THE GRASS AND DOWN INTO A DRIVEWAY JUST BEFORE SOUTH BEA AVENUE. I ARRIVED ON THE SCENE AND OBSERVED THE DEFENDANT SITTING BEHIND THE WHEEL OF A 1999 GMC SONOMA PICKUP TRUCK BEARING FLORIDA TAG I61-WVN. I MADE CONTACT WITH THE DEFENDANT AND DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON AND BREATH. I OBSERVED AN OPEN CONTAINER OF BEER IN THE CENTER CONSOLE OF THE VEHICLE. THE DEFENDANT STATED THAT HE WAS DRIVING UNDER THE INFLUENCE AND NEEDED TO GO TO JAIL. THE DEFENDANT FIRST STATED HE HAD DRANK A TWELVE PACK OF BEER, STARTING AROUND 2000 HOURS THIS EVENING. THE DEFENDANT THEN STATED HE HAD BEEN DRINKING ALL DAY AND THAT HE WAS DRINKING FROM THE OPEN CONTAINER WHICH WAS SITTING NEXT TO HIM IN THE VEHICLE WHILE HE WAS DRIVING. THE DEFENDANT STATED THE LAST TIME HE HAD HAD ANYTHING TO EAT WAS AT 0800 HOURS ON THIS MORNING (012008.) THE DEFENDANT ATTEMPTED TO LOCATE HIS DRIVER'S LICENSE IN HIS WALLET BUT HAD TROUBLE FOCUSING AND REMEMBERING WHAT HE WAS LOOKING FOR. THE DEFENDANT HANDED ME HIS WALLET SO THAT I MIGHT FIND HIS DRIVER'S LICENSE FOR HIM. BOTH HIS WALLET AND HIS VEHICLE WERE SEARCHED AND HIS DRIVER'S LICENSE WAS NOT FOUND IN HIS POSSESSION. I OBSERVED THE FRONT END OF THE DEFENDANT'S VEHICLE AND OBSERVED THE PAINT TRANSFER AND DAMAGE FROM THE ACCIDENT THAT HAD OCCURRED EARLIER. DEPUTY DUHART ARRIVED ON SCENE AND QUESTIONED THE DEFENDANT ABOUT THE ACCIDENT. THE DEFENDANT STATED THAT HE STARTED DRINKING AND COULD NOT REMEMBER ANYTHING AFTER THAT. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. I OBSERVED HIM GRAB THE DRIVER'S DOOR TO KEEP FROM FALLING DOWN. I OBSERVED THAT THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET AND HE WAS LOOSING HIS BALANCE. I OBSERVED THE DEFENDANT LOOSE HIS BALANCE AND FALL AGAINST HIS TRUCK THREE TIMES. I INSTRUCTED THE DEFENDANT TO WALK TO THE BACK OF HIS VEHICLE AND OBSERVED HIM TO BE VERY UNSTEADY ON HIS FEET AND THAT HE HAD TO HOLD ON TO THE TRUCK TO MAINTAIN HIS BALANCE. AT THE REAR OF THE TRUCK, I READ THE DEFENDANT HIS MIRANDA WARNINGS AND IMPLIED CONSENT. HE STATED THAT HE WOULD TRY TO PERFORM THE FIELD SOBRIETY TASKS BUT DID NOT KNOW IF HE COULD COMPLETE THEM. 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 DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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. DURING THIS TASK, THE DEFENDANT KEPT MOVING HIS HEAD IN ORDER TO FOLLOW THE PEN AND CONTINUALLY LOST HIS BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TWO STEPS AND STATED HE COULD NOT COMPLETE THE TASK. THE DEFENDANT ATTEMPTED THE TASK AN ADDITIONAL TWO TIMES WITH THE SAME RESULTS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE COULD NOT COMPLETE THE TASK AND WOULD NOT EVEN TRY TO PERFORM IT. TASK FOUR, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PERFORMED CORRECTLY UNTIL THE LETTER 'M,' THEN STATED 'Q,' 'S,' 'T' AND STOPPED. HE REPEATED THIS TWO TIMES. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT LOOSING HIS BALANCE, DID NOT FOLLOW INSTRUCTIONS AND STARTED BEFORE BEING TOLD TO DO SO. ON THE THREE TIMES WITH HIS LEFT HAND, THE DEFENDANT TOUCHED THE BRIDGE OF HIS NOSE, JUST UNDER HIS EYEBROW. USING THE RIGHT HAND TWO TIMES, THE DEFENDANT TOUCHED IN THE MIDDLE OF HIS NOSE AND ON THE THIRD ATTEMPT, THE DEFENDANT TOUCHED UNDERNEATH HIS NOSE. 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 FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY HOLMAN'S TOWING. THE DEFENDANT WAS TRANSPORTED TO THE 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 .272 AND .259. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE, AND ALSO CHARGED WITH LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7131-XDO, WITH A MANDATORY COURT APPEARANCE ON 020708 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6118-FGW, FOR LEAVING THE SCENE OF A TRAFFIC CRASH WITH DAMAGE, ALSO WITH A MANDATORY COURT APPEARANCE ON 020708 AT 1300 HOURS. HE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6119-FGW, FOR CARELESS DRIVING, AND CITATION NUMBER 8128-FIQ, FOR OPEN CONTAINER BY DRIVER. *NOT-EXEMPT* |
