| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR10113289) 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'S STATE STATUTE 316.193. ON 021310 AT APPROXIMATELY 0140 HOURS, I WAS SITTING IN THE PARKING LOT OF THIRSTY GATORS WITH DEPUTY B VICK, WHO WAS WAITING ON A SUBJECT WHO HAD A WARRANT TO EXIT THE ESTABLISHMENT. WHILE SITTING THERE, I OBSERVED A HISPANIC MALE APPROACH A SILVER HYUNDAI. AS THE SUBJECT APPROACHED THE DRIVER'S SIDE DOOR, IT APPEARED THAT HE WAS STUMBLING AND NEARLY FELL AND HAD TROUBLE GETTING THE KEY INTO THE DRIVER'S SIDE DOOR LOCKING MECHANISM. AT THAT TIME, I DID NOT BELIEVE THE SUBJECT WAS GOING TO GET INTO THE VEHICLE AND DRIVE AWAY WITH TWO MARKED PATROL CARS SITTING TWO PARKING SPOTS FROM HIS VEHICLE. AT THAT TIME, HE ENTERED THE VEHICLE AND BEGAN TO DRIVE OFF. I IMMEDIATELY STOPPED HIM BASED ON MY OBSERVATIONS. AS I APPROACHED THE DRIVER'S SIDE WINDOW AND MADE CONTACT WITH THE DRIVER, I ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. BASED ON MY INITIAL CONTACT, I WAS ABLE TO OBSERVE THE DRIVER HAD BLOODSHOT EYES, BLURRED SPEECH, SLOW MOVEMENTS AND A STRONG ODOR OF ALCOHOL EMITTING FROM HIS BREATH AND PERSONS. THE DRIVER WAS ABLE TO PROVIDE ME WITH HIS DRIVER'S LICENSE AND REGISTRATION. I THEN WENT BACK TO MY PATROL VEHICLE AND RAN THE DRIVER THROUGH FCIC/NCIC, WHICH REVEALED HIM TO HAVE A VALID DRIVER'S LICENSE AND NO WANTS AND WARRANTS. I THEN RETURNED TO HIS VEHICLE AND ASKED HIM TO EXIT HIS CAR AND PERFORM FIELD SOBRIETY TASKS. 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. HE ADVISED THAT HE HAD ARTHRITIS IN HIS ELBOW. 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 HAD TROUBLE MAINTAINING HIS BALANCE. HE TOOK ONE STEP, STUMBLED OFF THE LINE AND AT THAT TIME THE DRIVER REFUSED TO CONTINUE ON WITH THE WALK AND TURN. I THEN ASKED IF HE WANTED TO ATTEMPT A DIFFERENT TASK, TO WHICH HE ADVISED THAT HE DID. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS FOOT OFF THE GROUND FOR APPROXIMATELY ONE SECOND, LOST BALANCE, AND PLACED HIS FOOT BACK ON THE GROUND. HE THEN ATTEMPTED TO LIFT IT AGAIN BUT WAS UNABLE TO MAINTAIN HIS BALANCE, PLACED HIS FOOT BACK ON THE GROUND AND DID NOT WISH TO CONTINUE ON WITH THE TASK. I THEN ASKED THE DEFENDANT IF HE WAS DONE, TO WHICH HE ADVISED THAT HE DID NOT WISH TO CONTINUE ON WITH THE FIELD SOBRIETY TESTS. FURTHER DETAILS OF THIS ARREST WERE CAPTURED BY MY IN-CAR VIDEO SYSTEM WHICH WILL BE TURNED INTO EVIDENCE IN THE NEAR FUTURE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED IN A PARKING SPACE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS VIA THE BREATHALYZER OPERATOR. AT THAT TIME 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. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4130XDX WITH A MANDATORY COURT APPEARANCE OF 030410 AT 1300 HRS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
