Probable cause affidavit: |
SUBMITTED BY: WOOD, T.D. FHP5318A (AR08102929) ON 042708 AT APPROXIMATELY 3:11 AM I WAS DISPATCHED TO A CRASH WHICH OCCURRED AT APPROXIMATELY 3:08 AM ON FOREST RIDGE BOULEVARD JUST NORTH OF HONEYLOCUST DR. I ARRIVED AT APPROXIMATELY 3:44 AM AND OBSERVED A POWER LINE DOWN ACROSS FOREST RIDGE BOULEVARD, A LIGHT POLE DOWN ON THE EAST SHOULDER OF THE ROADWAY, A DAMAGED TELEPHONE BOX ON THE EAST SHOULDER OF THE ROADWAY, AND A WHITE FORD TRUCK BEARING FLORIDA TAG 952IIJ ON THE EAST SHOULDER OF THE ROADWAY FACING EAST with the FRONT OF THE VEHICLE IN THE SHRUBBERY ON THE EAST SHOULDER OF THE ROADWAY. I MADE CONTACT WITH THE DEF/DRIVER AND NOTICED THAT HE WAS UNSTEADY ON HIS FEET, HAD GLASSY EYES AND, AFTER SPEAKING TO HIM, I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I COMPLETED MY CRASH INVESTIGATION AND MADE CONTACT AGAIN WITH DEF AT APPROXIMATELY 3:58 AM. DEF MADE A SPONTANEOUS STATEMENT THAT HE WAS INTOXICATED AT THE TIME OF THE CRASH. I ADVISED DEF THAT I HAD COMPLETED MY CRASH INVESTIGATION AND WAS BEGINNING A CRIMINAL INVESTIGATION. I READ DEF MIRANDA AT APPROXIMATELY 4:00 AM, DEF ANSWERED YES, HE UNDERSTOOD HIS RIGHTS, NO HE HAD NOT REQUESTED AN ATTORNEY, AND YES HE WOULD TALK TO ME. DEF STATED POST MIRANDA THAT HE WAS DRIVING THE FORD TRUCK AT THE TIME OF THE CRASH, AND HE HAD BEEN DRINKING. I ASKED DEF IF HE WOULD BE WILLING TO TAKE FIELD SOBRIETY TASKS AND HE STATED THAT HE WOULD. DEF STATED THAT HE HAD NO PHYSICAL DEFECTS THAT WOULD PREVENT HIM FROM PERFORMING TASKS. TASKS WERE PERFORMED ON THE YELLOW FOG LINE ON THE WEST SIDE OF THE NORTHBOUND LANES OF FOREST RIDGE BOULEVARD. DEF DID POORLY ON FST AS FOLLOWS: HGN: DEF HAD NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH LEFT AND RIGHT EYES. DEF HAD NYSTAGMUS PRIOR TO 45 DEG IN BOTH LEFT AND RIGHT EYES. NEITHER DEF'S LEFT OR RIGHT EYE FOLLOWED STIMULUS SMOOTHLY. ONE LEG STAND: TASK WAS EXPLAINED AND DEMONSTRATED TO DEF. DEF SWAYED FROM SIDE TO SIDE AND LIFTED HIS HANDS MORE THAN 6 INCHES WHILE PERFORMING TASK. DEF LIFTED HIS LEFT FOOT. DEF COUNTED TO 7 THE FIRST TIME BEFORE PUTTING FOOT DOWN AND BEGAN HOPPING AT 6. DEF COUNTED TO 1 THE SECOND TIME BEFORE PUTTING FOOT DOWN. DEF COUNTED TO 11 THE THIRD TIME BEFORE PUTTING FOOT DOWN AND BEGAN HOPPING AT 7. WALK AND TURN: TASK WAS EXPLAINED AND DEMONSTRATED TO DEF. ON FIRST TRY DEF STEPPED OFF LINE ON 3,5,7 AND 9 AND STOPPED DUE TO A SAND SPUR. ON SECOND TRY DEF TOOK 10 STEPS BEFORE TURNING. DEF ALMOST FELL DOWN WHILE TURNING. DEF TURNED INCORRECTLY. DEF TOOK 10 STEPS BACK. RHOMBERG ALPHABET: TASK WAS EXPLAINED AND DEMONSTRATED TO DEF. DEF LIFTED HIS ARMS OVER 6 INCHES FOR BALANCE. DEF REPEATED H,J,K AFTER L,M,N,O,P ON FIRST TRY. DEF WENT FROM H,J,K TO Z ON SECOND TRY. AT APPROXIMATELY 4;12 AM I PLACED DEF UNDER ARREST FOR DUI. I HANDCUFFED DEF BEHIND HIS BACK (DOUBLE LOCKED) AND PLACED HIM IN THE REAR OF MY PATROL CAR. I ADVISED DEF OF IMPLIED CONSENT AT APPROXIMATELY 4:30 AM and he stated that he was going to refuse. i transported DEF to CITRUS COUNTY JAIL for booking and processing. DEF performed fst on video at CITRUS COUNTY CITRUS JAIL and refused a breath test. DEF was charged with DUI and 3 counTs of DUI/property damage for the damage to the power pole, TELEPHONE box, and shrubbery. DEF was issued FLORIDA uniform DUI citation 5782-xau. DEF was also issued FLORIDA utc 1817-sli, 1818-sli, 1819-sli for the DUI/property damages and 1820-sli for careless driving. this did occur in CITRUS COUNTY. *NOT-EXEMPT* |