| Probable cause affidavit: |
SUBMITTED BY: FHP SERGEANT MURPHY 379 (AR16-18533) 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. ON MARCH 6, 2016 AT APPROXIMATELY 5:23 PM A TRAFFIC CRASH OCCURRED IN THE AREA INDEPENDENCE HIGHWAY AND FOREST DRIVE IN CITRUS COUNTY INVOLVING A 2006 CHEVY UTILITY VEHICLE REGISTERED TO BRANDON RYAN WOODARD, AND A BICYCLIST (WITH A PASSENGER). TROOPER V. FRANCESCHI (ID # 1256) WAS INVESTIGATING THE CRASH. ACCORDING TO TWO WITNESSES, CAROL A. PACHOL AND MONIQUE THOMPSON, WHO WERE TRAVELING BEHIND THE UTILITY VEHICLE AT THE TIME OF THE CRASH, THE CHEVY WAS TRAVELING NORTH ON INDEPENDENCE HIGHWAY. THERE WAS A BICYCLIST (OPERATOR AND PASSENGER) TRAVELING ON THE EAST GRASS SHOULDER (NEAR THE ROADWAY) OF INDEPENDENCE HIGHWAY. THE WITNESS STATED THAT THE CHEVY BEGAN SLOWING DOWN FOR PRECAUTION AS IT APPROACHED THE BICYCLE. AS THE VEHICLE GOT CLOSER, THE BICYCLE ENTERED THE ROADWAY CAUSING THE FRONT OF THE VEHICLE TO COLLIDE INTO THE PEDESTRIANS. BOTH PEDESTRIANS WERE EJECTED FROM THE BICYCLE. BOTH OF THEM WERE JUVENILES, AGE 13 AND AGE 14. THEY WERE TRANSPORTED TO THE HOSPITAL WITH LIFE-THREATENING INJURIES, SHANDS UF AND CITRUS MEMORIAL HOSPITAL. THE WITNESS ON SCENE INDICATED THAT SHE MADE CONTACT WITH THE DRIVER OF THE CHEVY AFTER THE CRASH OCCURRED AND SHE EXPLAINED TO HIM THAT THE CRASH WAS NOT HIS FAULT. THE WITNESSES REMAINED ON SCENE UNTIL LAW ENFORCEMENT ARRIVED AND PROVIDED A WRITTEN STATEMENT. THERE WERE CITRUS COUNTY DEPUTIES ON SCENE PRIOR TO TROOPER'S ARRIVAL. I, SERGEANT J. MURPHY ID # 379 ARRIVED ON SCENE AT APPROXIMATELY 7:17 PM AND THE ROADWAY WAS BLOCKED DUE TO THE INVESTIGATION. THE DEPUTIES ON SCENE INDICATED THAT THEY HAD SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS BRANDON RYAN WOODWARD. I MADE CONTACT WITH MR. WOODWARD AND HE WAS UNSTEADY ON HIS FEET WHEN HE STOOD UP. HIS FACE WAS FLUSHED, EYES WERE BLOODSHOT/WATERY, AND HE HAD DIFFICULTY EXPRESSING HIS THOUGHTS, HE KEPT TAKING DELAYED PAUSES DURING HIS STATEMENT. AS I GOT CLOSER TO MR. WOODWARD, I ALSO BEGAN TO SMELL A FAINT ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. BASED ON INDICATORS OF IMPAIRMENT, I EXPLAINED TO MR. WOODWARD THAT THE CRASH INVESTIGATION WAS CONCLUDED AND HE WAS READ THE MIRANDA WARNING AT APPROXIMATELY 8:08 PM. MR. WOODWARD SAID THAT HE WAS NOT INJURED AND HE DID NOT HAVE ANY PHYSICAL DISABILITIES. I ASKED MR. WOODWARD IF HE WOULD ALLOW ME TO CHECK HIS EYES (HORIZONTAL GAZE NYSTAGMUS), AND HE AGREED. MR. WOODWARD'S EYES WERE WATERY/BLOODSHOT AND THE ODOR OF AN ALCOHOLIC BEVERAGE BECAME MORE DISTINCT AS I STOOD WITHIN CLOSE PROXIMITY OF HIM. I OBSERVED SIX CLUES DURING THE HGN. THERE WAS A LACK OF SMOOTH PURSUIT IN BOTH EYES, DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH EYES, AND THERE WAS AN ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN BOTH EYES. MR. WOODWARD ALSO COULD NOT CONVERGE HIS EYES DURING THE CONVERGENCE EYE TEST. I THEN PERFORMED THE WALK AND TURN, THE ONE LEG STAND, AND THE FINGER TO NOSE. DURING THE EXERCISES, I CONTINUED TO OBSERVE INDICATORS OF IMPAIRMENT. MR. WOODWARD WAS PLACED UNDER ARREST AT APPROXIMATELY 8:43 PM. HE WAS TRANSPORTED TO THE CITRUS COUNTY JAIL BY CITRUS COUNTY SHERIFF'S OFFICE DEPUTY E. MARSHALL ID #1336. WHEN WE ARRIVED AT THE JAIL, MR. WOODWARD WAS REQUESTED TO SUBMIT TO A BREATH TEST BY LIEUTENANT V. BOGUE, OF THE CITRUS COUNTY JAIL. AFTER A TWENTY MINUTE OBSERVATION PERIOD, MR. WOODWARD AGREED TO SUBMIT TO A BREATH TEST. HE BLEW A .133 AND AFTER HE SAW THE RESULTS, HE DECIDED THAT HE WAS NOT GOING TO CONTINUE WITH THE BREATH TEST. LIEUTENANT BOGUE READ MR. WOODWARD THE IMPLIED CONSENT WARNING AT APPROXIMATELY 10:00 PM, AND HE CONTINUED TO REFUSE THE BREATH TEST. MR. WOODWARD WAS BOOKED INTO THE CITRUS COUNTY JAIL ON THE LISTED CHARGE, WITH A BOND SET AT $1,000.00 PER THE BOND SCHEDULE. TYPED BY: FLORIDA HIGHWAY PATROL SERGEANT MURPHY |
