| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID 2740 (AR14-12059) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT DID DAMAGE 42 FEET OF GUARD RAIL AND THREE GUARD RAIL POSTS, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON SEPTEMBER 20, 2014 AT 0645 HOURS, I WAS DISPATCHED TO COUNTY ROAD 39 JUST WEST OF N. CEDAR COVE ROAD IN REFERENCE TO A SINGLE VEHICLE TRAFFIC CRASH. UPON ARRIVAL I SPOKE WITH CITRUS COUNTY SHERIFF'S DEPUTIES ANDRA CANFIELD â ID 464 & JEFF HUNTER â ID 441. DEPUTY CANFIELD STATED THAT AFTER THE CRASH, THE SUSPECT (AUSTIN ROOSEN) WAS OBSERVED BY THE WITNESS AND HERSELF THROWING OBJECTS OUT THE BROKEN DRIVER'S DOOR WINDOW OPENING, AFTER WHICH TIME DEPUTY HUNTER DISCOVERED A GLASS MARIJUANA SMOKING PIPE WITH RESIDUE, MARIJUANA GRINDER, PLASTIC BAGGIES, AND A MINIATURE ELECTRONIC SCALE. THE WITNESS STATED THAT AFTER THE CRASH, HE OBSERVED THE SUSPECT TO BE THE LONE PERSON IN THE VEHICLE, STILL SEATED IN THE DRIVER'S SEAT, AND THEN WATCHED HIM EXIT THE PASSENGER SIDE DOOR DUE TO THE DRIVER'S DOOR BEING JAMMED SHUT AS A RESULT OF THE CRASH. DEPUTY CANFIELD STATED SHE WOULD BE CHARGING THE SUSPECT WITH POSSESSION OF DRUG PARAPHERNALIA, AND DEPUTY HUNTER READ SUSPECT MIRANDA WARNINGS WHICH HE WAIVED AND AGREED TO SPEAK TO THE DEPUTIES. I SPOKE TO THE SUSPECT ABOUT THE CRASH AT WHICH TIME HE SAID HE SWERVED RIGHT TO AVOID AN ONCOMING EASTBOUND VEHICLE THAT HAD CROSSED THE CENTER LINE. THE SUSPECT THEN OVER CORRECTED HIS STEERING TWICE, AND SUBSEQUENTLY CRASHED INTO A GUARDRAIL. THE WITNESS DISPUTED THIS CLAIM, STATING THAT NO OTHER VEHICLES HAD PASSED BY HIS RESIDENCE (LOCATED JUST WEST OF THE CRASH SCENE) WITHIN THE MOMENTS JUST PRIOR TO THE SUSPECT LOSING CONTROL AND CRASHING HIS VEHICLE. DURING MY CONVERSATION WITH THE SUSPECT I NOTICED HE TENDED TO LEAN AGAINST THE SIDE OF MY PATROL CAR, AND HE APPEARED TO BE SOMEWHAT OFF BALANCE. I ALSO NOTICED HIS EYES WERE GLASSY AND SLIGHTLY BLOODSHOT. AT 0738 HOURS, I INFORMED THE SUSPECT THAT I HAD COMPLETED MY NON-CRIMINAL CRASH INVESTIGATION, AND WAS NOW CONDUCTING A CRIMINAL DUI INVESTIGATION. I AGAIN VERIFIED THAT THE SUSPECT HAD AGREED POST MIRANDA WARNINGS TO SPEAK, TO WHICH HE SAID YES. I THEN CONFIRMED THAT HE IS NOT INJURED, HAD BEEN WEARING A SEAT BELT AT THE TIME OF CRASH, IS NOT DIABETIC, DOES NOT HAVE EPILEPSY, DOES NOT HAVE ANY PHYSICAL IMPAIRMENTS, IS IN OVERALL GOOD PHYSICAL CONDITION, IS NOT CURRENTLY TAKING ANY MEDICATIONS OR UNDER THE CARE OF A DOCTOR. THE SUSPECT THEN ADMITTED TO CONSUMING 2 BOTTLES OF 12OZ BUD LIGHT PLATINUM BEER APPROXIMATELY 2 OR 3 HOURS AGO. HE ALSO DOES NOT WEAR CONTACT LENSES OR EYE GLASSES. I THEN EXPLAINED THE HORIZONTAL GAZE NYSTAGMUS EXERCISE TO THE SUSPECT WITH RESULTS AS FOLLOWS: THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS AS WELL. I THEN EXPLAINED AND DEMONSTRATED THE WALK & TURN EXERCISE WITH RESULTS AS FOLLOWS: SUSPECT MISSED HEEL TO TOW STEP 7 & 9, THEN ON RETURN MISSED HEEL TO TOE ON STEP 2 & 5. I THEN EXPLAINED AND DEMONSTRATED THE ONE LEG STAND EXERCISE WITH RESULTS AS FOLLOWS: THE SUSPECT IMMEDIATELY STATED HE CAN'T STAND ON ONE FOOT "NORMALLY", AND DOES NOT THINK HE CAN PERFORM THE EXERCISE NOW, BUT IS WILLING TO TRY. I ASKED WHEN IS THE LAST TIME HE ATTEMPTED TO STAND ON ONE FOOT TO WHICH HE RESPONDED, "JUST THE OTHER DAY." I ASKED WHY HE TRIED TO STAND ON ONE FOOT AND HE STATED BECAUSE SOMEONE TRIED IT IN HIS PRESENCE, SO HE TRIED IT TOO. THE SUSPECT THEN RAISED HIS LEFT FOOT AND PUT IT DOWN ON COUNT 3. HE TRIED A SECOND TIME, HOPPED, AND PUT HIS FOOT DOWN ON COUNT 4. HE TRIED A THIRD TIME, WOBBLED AND IMMEDIATELY PUT HIS FOOT DOWN. I THEN EXPLAINED AND DEMONSTRATED THE FINGER TO NOSE EXERCISE WITH RESULTS AS FOLLOWS: FAILED TO POINT FORWARD WITH RIGHT HAND, OPENED HIS EYES, LOWERED HIS HEAD, FAILED TO RETURN TO START POSITION. LEFT HAND ATTEMPT - SUSPECT LOWERED HIS HEAD AND OPENED HIS EYES. RIGHT HAND ATTEMPT â SUSPECT WAS SLOW TO RETURN TO START POSITION AT THAT TIME I PLACED THE SUSPECT UNDER ARREST FOR DRIVING WHILE IMPAIRED. DEPUTY CANFIELD ISSUED HIM A NOTICE TO APPEAR FOR THE DRUG PARAPHERNALIA, AND THEN DEPUTY HUNTER TRANSPORTED THE SUSPECT TO THE CITRUS COUNTY DETENTION FACILITY. I REMAINED ON SCENE FOR THE TOW TRUCK, AND THEN PROCEEDED TO THE CITRUS COUNTY DETENTION FACILITY AT 0919 HOURS. THE SUSPECT PROVIDED A BREATH SAMPLE WITH RESULTS OF .110% BRAC & .108% BRAC. THE SUSPECT WAS CITED FOR CARELESS DRIVING, DUI & DUI WITH PROPERTY DAMAGE. BOND WAS SET AT $1000.00 PER BOND SCHEDULE. THIS NARRATIVE TYPED BY TROOPER DAVID DECARLIS |
