| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID FHP2740 (AR10117056) drive or was in the actual physical control of a vehicle at a time when HIS blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused DAMAGE to THE PROPERTY OF ANOTHER, to-wit: KNOCKED DOWN A UTILITY POLE, HIT A MAIL BOX AND A TELEPHONE JUNCTION BOX, in violation of Florida Statute 316.193(3)C(1) ON 092510 AT 1729 HOURS, I WAS DISPATCHED TO A TRAFFIC CRASH WITH A UTILITY POLE DOWN. UPON ARRIVAL, I OBSERVED THE DEFENDANT, IDENTIFIED AS MR BRENDAN DYLAN ROHAN, LAYING ON THE GRASS SHOULDER AWAY FROM THE CRASH SCENE. I SPOKE WITH CCSO DEPUTY A CANFIELD WHO STATED THE DEFENDANT WAS NOT INJURED BUT APPEARED TO BE INTOXICATED. I SPOKE WITH WITNESSES WHO STATED THEY HEARD THE CRASH, IMMEDIATELY TURNED AND OBSERVED THE DEFENDANT ATTEMPTING TO BACK HIS VEHICLE OUT OF A WOODED AREA. HE WAS UNABLE TO DO SO. THEY WATCHED THE DEFENDANT EXIT FROM THE DRIVER SEAT, AT WHICH TIME IT APPEARED THE DEFENDANT ATTEMPTED TO LEAVE THE SCENE. THE WITNESSES STATED THEY TOLD THE DEFENDANT HE WAS NOT PERMITTED TO LEAVE UNTIL THE ARRIVAL OF LAW ENFORCEMENT. A WITNESS INFORMED ME THAT HE ASKED THE DEFENDANT IF HE RAN A STOP SIGN PRIOR TO THE CRASH AND THE DEFENDANT RESPONDED "WHAT STOP SIGN?" I MADE CONTACT WITH THE DEFENDANT AND IMMEDIATELY DETECTED A MODERATE ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HE WAS UNSTEADY ON HIS FEET AND HIS EYES WERE SLIGHTLY RED AND GLASSY. I INFORMED THE DEFENDANT THAT I COMPLETED MY KNOWN CRIMINAL TRAFFIC CRASH INVESTIGATION AND WAS NOW GOING TO CONDUCT A CRIMINAL DUI INVESTIGATION. 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 HE DID NOT AND ALSO DID NOT WEAR CORRECTIVE LENSES. 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 STEPPED OFF THE LINE THROUGHOUT THE TASK, RAISED ARMS OVER SIX INCHES FOR BALANCE THROUGHOUT THE TASK AND WOBBLED AND NEARLY FELL OVER UPON HIS RETURN NINE STEP COUNT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED ARMS OVER SIX INCHES FOR BALANCE, PUT FOOT DOWN ON COUNT EIGHT TO STEADY HIMSELF AND ALMOST FELL OVER, AT WHICH TIME THE TASK WAS STOPPED. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF DEPUTY A CANFIELD'S PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY A CANFIELD WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH THREE COUNTS OF DUI WITH PROPERTY DAMAGE WITH BOND SET AT $1,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 5797-XBP2, WITH A MANDATORY COURT APPEARANCE ON 101410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS, NUMBER 5743-SRZ9, FOR RUNNING A STOP SIGN; 5744SRZX AND 5745SRZX, FOR DUI WITH PROPERTY DAMAGE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
