| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-4602) 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; ON 022213, AT APPROXIMATELY 0117 HOURS, I RESPONDED AS BACKUP FOR DEPUTY VIGGIANO, WHO HAD CONDUCTED A TRAFFIC STOP. UPON MY ARRIVAL, DEPUTY VIGGIANO ADVISED THAT THE DEFENDANT, LATER IDENTIFIED AS MR BRANDON L PALOMINO, HAD PASSED BY HIM, HEADING NORTH BOUND ON US HIGHWAY 19, AND YULEE DRIVE. HE ADVISED THAT HE HAD ESTIMATED THE SPEED OF THE DEFENDANTâS VEHICLE AS APPROXIMATELY 80 MILES PER HOUR (MPH), WHILE TRAVELING IN WHAT IS A 55 MPH ZONE. DEPUTY VIGGIANO ADVISED ON THE RADIO THAT HE WAS ATTEMPTING TO CATCH UP WITH A RECKLESS VEHICLE, HEADING NORTH BOUND ON US HIGHWAY 19. DEPUTY VIGGIANO ADVISED THAT THE VEHICLE WAS SWERVING FROM THE RIGHT LANE TO THE LEFT LANE, TRAVELING AT SPEEDS PACED AT 80 MPH IN A 55 MPH ZONE. DEPUTY VIGGIANO ADVISED THAT HE HAD STOPPED THE VEHICLE AT THE INTERSECTION OF OZELLO TRAIL AND US HIGHWAY 19. WHEN DEPUTY VIGGIANO MADE CONTACT WITH THE DRIVER, HE DID STATE THAT HE WAS COMING FROM âSEASEADâ IN HOMOSASSA, AND WAS ON HIS WAY HOME IN CRYSTAL RIVER. I THEN MADE CONTACT WITH THE DEFENDANT, AND ASKED HIM WHY HE HAD BEEN STOPPED, TO WHICH HE IMMEDIATELY STATED THAT HIS BROTHER WAS A STATE TROOPER IN SOUTH CAROLINA. I AGAIN ASKED THE DEFENDANT WHY HE HAD BEEN STOPPED, AND HE STATED, â I THINK I WAS GOING A LITTLE FAST.â WHILE SPEAKING WITH THE DEFENDANT, HIS SPEECH WAS EXTREMELY SLURRED, HE HAD A HARD TIME COMPLETING A SENTENCE, AND HIS EYES WERE EXTREMELY BLOODSHOT. I ASKED THE DEFENDANT IF HE WOULD STEP OUT OF HIS VEHICLE TO PERFORM FIELD SOBRIETY TESTING. THE DEFENDANT REPLIED BY ASKING IF THERE WAS ANYTHING HE COULD DO TO GET A BREAK, BECAUSE HIS BROTHER WAS A STATE TROOPER IN SOUTH CAROLINA. I THEN AGAIN ASKED THE DEFENDANT TO STEP OUT FROM HIS VEHICLE, AND HE AGREED, STATING, âOK.â WHEN THE DEFENDANT STEPPED OUT FROM HIS VEHICLE, HE HAD TO USED THE SIDE OF HIS VEHICLE TO MAINTAIN HIS BALANCE. I THEN WALKED THE DEFENDANT TO THE REAR OF HIS VEHICLE TO A SMOOTH, FLAT SURFACE. 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 NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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. AT THE BEGINNING OF THIS TASK, THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS, AND TURNED HIS HEAD WHILE PERFORMING THIS TASK. HE THEN STARED AT ME, INSTEAD OF FOLLOWING THE PEN. I HAD TO TELL THE DEFENDANT TWICE HOW TO PERFORM THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY ASKED WHY WE WERE DOING THIS TASK, AND I ADVISED HIM THE REASONING. THE DEFENDANT THEN STATED THAT THIS TASK COULD NOT BE COMPLETED EVEN WHEN SOBER. I ASKED THE DEFENDANT IF HE WAS REFUSING TO COMPLETE THE TASK, TO WHICH HE ADVISED THAT HE WAS NOT, BUT REMINDED ME THAT HIS BROTHER WAS STATE TROOPER IN SOUTH CAROLINA, AND THAT HE KNOWS HOW TO DO THIS. DURING THE DEFENDANTâS FIRST FIVE STEPS, HE WALKED IN A CRIS-CROSS PATTERN, CROSSING ONE FOOT IN FRONT OF THE OTHER, NOT FOLLOWING A STRAIGHT LINE, THE DEFENDANT DID NOT COUNT HIS STEPS OUT LOUD, AND WHEN THE DEFENDANT GOT TO HIS NINTH STEP, HE TURNED AROUND, AND ATTEMPTED TO TAKE NINE STEPS BACK, ALL WHILE STILL NOT TOUCHING HEEL TO TOE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS FOOT UP OFF OF THE GROUND, THEN PLACED HIS HEEL ON THE GROUND, AND COUNTED TO 15. I ADVISED THE DEFENDANT THAT HE HAD TO LIFT HIS FOOT 6 INCHES OFF OF THE GROUND, AND ASKED HIM TO START THE TASK OVER AGAIN. THE DEFENDANT THEN LIFTED HIS FOOT OFF OF THE GROUND, AND STARTED COUNTING AGAIN. HOWEVER, UPON REACHING NUMBER 20, HE THEN SLURRED 21, 22, 23, 28, JUMPED BACK TO 25, AND FINISHED WITH 26. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT, AND HE ADVISED THAT HE HAD NOT. I ASKED IF HE WAS ON ANY MEDICATION OR NARCOTICS, AND HE STATED THAT HE WAS NOT. I THEN ASKED THE DEFENDANT WHERE HE WAS COMING FROM, AND HE ADVISED THAT HE WAS COMING FROM A FRIENDâS RESIDENCE IN HOMOSASSA, AND WAS HEADING BACK TO CRYSTAL RIVER. DEPUTY HRYC REMAINED ON SCENE, WAITING FOR THE DEFENDANT'S VEHICLE TO BE TOWED BY ALL PRESTIGE TOWING. WHILE EN ROUT TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT REPEATEDLY THANKED ME FOR MY HELP. THE DEFENDANT STATED FOUR MORE TIMES THAT HIS BROTHER WAS A STATE TROOPER IN SOUTH CAROLINA, AND THAT I HAD A JOB TO DO, AND THAT HE APPRECIATED MY HELP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED/REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING 0.195 AND 0.198. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7223XGA7, WITH A MANDATORY COURT APPEARANCE ON 030713 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6884WQB1, FOR UNLAWFUL SPEED OF 80 MPH IN A 55 MPH ZONE, WITH A $281.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
