| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR1200203) 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). ON 030412, AT 0315 HOURS, DEPUTY LAHERA WAS ON ROUTINE PATROL ON HIGHWAY 488 JUST EAST OF NORTH OAK LEAF TERRACE IN DUNNELLON WHEN HE OBSERVED A VEHICLE PASS HIM GOING NORTHBOUND ON HIGHWAY 488 WITH ITS RIGHT TAIL LIGHT OUT. HE THEN TURNED AROUND ON SAID VEHICLE AND BEGAN TO FOLLOW THE VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER 888JNZ, WHICH WAS A GOLD IN COLOR FOUR DOOR HYUNDAI. DEPUTY LAHERA THEN NOTICED THE VEHICLE WAS MISSING ITS REAR BUMPER AND OBSERVED THE VEHICLE RUN OFF OF THE RIGHT SIDE OF THE ROAD AND COME BACK ONTO THE ROAD AND THEN CROSS OVER THE CENTER LINE ON HIGHWAY 488 JUST EAST OF NORTH OAK LEAF TERRACE. HE THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE AND MADE CONTACT WITH THE DRIVER IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR BENJAMIN DANIEL WARD. HE ADVISED THAT HE COULD SMELL AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AS WELL AS VERY GLASSY BLOODSHOT EYES, AND A VERY STRANGE DEMEANOR. HE THEN CONTACTED THIS DEPUTY AND I RESPONDED TO THEIR LOCATION. UPON ARRIVAL, I MADE CONTACT WITH A THE DRIVER/DEFENDANT, MR BENJAMIN WARD, WHO HAD AN ODOR OF ALCOHOL EMANATING FROM HIS BREATH AND HAD VERY GLASSY BLOOD SHOT EYES AND WAS ACTING IN A DEMEANOR CONSISTENT WITH A PERSON UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING PREVIOUSLY, TO WHICH HE GAVE ME A LIST OF HIS ALCOHOLIC BEVERAGES THAT HE HAD CONSUMED EARLIER IN THE EVENING. AT THAT TIME, I ASKED THE DEFENDANT, MR BENJAMIN WARD, 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 NOT. 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 WAS SWAYING WHILE STANDING LISTENING TO DIRECTIONS, STOPPED WALKING TO STEADY HIMSELF, DID NOT TOUCH HEEL TO TOE BY CROSSING HIS FEET, AND HAD TO CONTINUALLY HAVE THE INSTRUCTIONS REPEATED TO HIM. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED OT HE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AND FAILED TO RETURN HIS ARMS TO HIS SIDE NUMEROUS TIMES AS INSTRUCTED AND HAD TO CONSTANTLY BE RE-TOLD THE INSTRUCTIONS. TASK FIVE, ALPHABET RECITATION. THE DEFENDANT WAS ASKED WHAT WAS THE LAST GRADE HE COMPLETED IN SCHOOL, TO WHICH HE ADVISED 12TH GRADE AND THAT HE DID KNOW THE ALPHABET. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO SPEAK THE ALPHABET BETWEEN A TO Z IN A MONOTONE TONE AND NOT TO SING THE ALPHABET. DURING THIS TASK THE DEFENDANT SWAYED WHILE STANDING BUT WAS ABLE TO COMPLETE THE ALPHABET CORRECTLY. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE TO SPEAK WITH ME. THE DEFENDANT WAS ALSO 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 THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. HE WAS ALSO ASKED TO PROVIDE A URINE SAMPLE TO DETERMINE THE PRESENCE OF ANY CONTROLLED SUBSTANCE TO WHICH HE AGREED. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED VIA ROTATION BY ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT ADVISED THAT IT WAS PROBABLY NOT A GOOD IDEA FOR HIM TO BE DRIVING AND THAT THE ALCOHOL THAT HE HAD PREVIOUSLY CONSUMED HAD AN AFFECT ON HIM. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .130 AND THE SECOND RESULTS BEING .114. 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 8789-XBI-4, WITH A MANDATORY COURT APPEARANCE ON 032212 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO GIVEN A VERBAL WARNING FOR FAILURE TO MAINTAIN A SINGLE LANE AND HAVING THE TAIL LIGHT OUT. THE ON SCENE SOBRIETY TASKS WERE VIDEO TAPED VIA IN VEHICLE CAMERA AND WILL BE TURNED INTO EVIDENCE. |
