| Probable cause affidavit: |
SUBMITTED BY: PAIL, MATTHEW 0085 (AR09110393) 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) AND FAIL TO NOTIFY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (DHSMV) OF CHANGE OF ADDRESS BY REGISTERED OWNER WITHIN TWENTY DAYS, IN VIOLATION OF FLORIDA STATE STATUTE 320.02(4) ON 080809 AT 2152 HOURS, I RESPONDED TO NORTH CARL G ROSE HIGHWAY AND VFW LANE IN HERNANDO IN ORDER TO ASSIST DEPUTY PRICE. UPON ARRIVAL ON SCENE, I WAS ADVISED BY DEPUTY PRICE THAT HE HAD STOPPED THE DEFENDANT FOR SPEEDING ON NORTH CARL G ROSE HIGHWAY AND FOR WEAVING WITHIN HIS LANE. DEPUTY PRICE CONTINUED BY TELLING ME THAT AFTER MAKING CONTACT WITH THE DEFENDANT, HE NOTICED THE DEFENDANT'S SPEECH WAS SLOW AND SLURRED. DEPUTY PRICE ALSO STATED HE WAS ABLE TO DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S PERSON. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS ALREADY STANDING OUTSIDE OF HIS VEHICLE. I OBSERVED HIM HAVING A DIFFICULT TIME STANDING. HE WAS UNKEMPT AND HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. THE DEFENDANT ALSO HAD WHAT APPEARED TO BE VOMIT ON HIS GLASSES AND ABOVE HIS LEFT EYE. I THEN REQUESTED THE DEFENDANT SUBMIT TO FIELD SOBRIETY TASKS DUE TO THE OBSERVATIONS OF DEPUTY PRICE AND MYSELF. THE DEFENDANT TOLD ME THAT HE WOULD SUBMIT TO THE TASKS; HOWEVER, HE WOULD NOT BE ABLE TO PERFORM TASKS THAT INVOLVED MOBILITY. HE TOLD ME HE HAD ARTHRITIS AND WAS TAKING OXYCODONE FOR A HERNIATED DISK. 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. ALSO DURING THIS TASK, THE DEFENDANT MOVED HIS HEAD FROM THE LEFT TO THE RIGHT AND ON SEVERAL OCCASIONS STARED STRAIGHT AHEAD AND WAS NOT ABLE TO WATCH THE STIMULUS. TASK TWO, WALK AND TURN. THIS TASK WAS REFUSED DUE TO THE DEFENDANT'S STATEMENT THAT HE WAS PHYSICALLY UNABLE TO PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS REFUSED DUE TO THE DEFENDANT'S STATEMENT THAT HE WAS PHYSICALLY UNABLE TO PERFORM THE TASK. TASK FOUR, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE TASK PRIOR TO BEING TOLD TO DO SO. DURING THE TASK, HE LOST HIS BALANCE AND HAD TO CATCH HIMSELF BY STEPPING BACKWARD IN ORDER TO KEEP FROM FALLING DOWN. AFTER EXPLAINING THE TASK ONCE MORE, THE DEFENDANT ATTEMPTED THE TASK. HE COULD NOT KEEP HIS EYES CLOSED AND STOPPED AT THE LETTER 'T' IN ORDER TO CATCH HIMSELF FROM FALLING BACKWARD. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS EYES CLOSED. WHILE ATTEMPTING TO TOUCH HIS NOSE WITH HIS RIGHT INDEX FINGER, THE DEFENDANT TOUCHED THE RIGHT SIDE OF HIS NOSE, AS HE DID WITH SUBSEQUENT LEFT AND RIGHT INDEX FINGERS. DUE TO THE FACT THE DEFENDANT HAD HIS EYES OPEN DURING THE TASK, I EXPLAINED THE TASK ONCE MORE AND DURING THE SECOND ATTEMPT, THE DEFENDANT ONCE AGAIN FAILED TO CLOSE HIS EYES WHILE ATTEMPTING TO TOUCH THE TIP OF HIS NOSE WITH HIS RIGHT AND LEFT INDEX FINGERS. THE DEFENDANT COULD NOT COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. WHILE PATTING THE DEFENDANT DOWN, THE SHORTS HE WAS WEARING WERE WET. I ASKED HIM IF HE HAD URINATED HIMSELF, TO WHICH HE REPLIED THAT HE HAD VOMITED AT THE BAR AND GOTTEN SICK ON HIMSELF. THE DEFENDANT WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY SCALLY'S TOWING. THE DEFENDANT WAS THEN 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 .163 AND .163. 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, CITATION NUMBER 2202-XBG, WITH A MANDATORY COURT APPEARANCE ON 082709 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0887-RPA, FOR FAILURE OF REGISTERED OWNER OF VEHICLE TO NOTIFY DHSMV OF CHANGE OF ADDRESS WITHIN TWENTY DAYS AND UNIFORM TRAFFIC CITATION NUMBER 0888-RPA FOR FAIL TO CHANGE ADDRESS ON DRIVER'S ;LICENSE WITHIN TEN DAY S WITH A CIVIL FINE AMOUNT OF $98.00 PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $650.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
