| Probable cause affidavit: |
SUBMITTED BY: CRAMER, TIMOTHY FHP 2628 (AR11119891) 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'S STATE STATUTE 316.193. WHILE DRIVING UNDER THE INFLUENCE, THE DEFENDANT CAUSED DAMAGE TO THE PROPERTY OR PERSON OF ANOTHER IN VIOLATION OF FLORIDA'S STATE STATUTE 316.193(3)(C)(1). ON 032211 I WAS DISPATCHED TO A SINGLE MOTOR VEHICLE CRASH AT NORTH SANDREE DRIVE AND WEST ARSON PLACE IN DUNNELLON. UPON ARRIVAL, I OBSERVED A VEHICLE APPROXIMATELY 100' INTO THE TREE LINE AND A PERSON/DEFENDANT, MR BRENT LYMAN, SITTING ON THE GROUND NEXT TO THE ROADWAY. AFTER SPEAKING WITH MR LYMAN, I CONCLUDED THAT THE CAUSE OF THE CRASH WAS DUE TO HIM FAILING TO NEGOTIATE A LEFT HAND CURVE CAUSING HIM TO STRIKE A SIGN, UTILITY POLE AND TREES. AT 2243 HOURS, I CONCLUDED WITH MY TRAFFIC CRASH INVESTIGATION AND EXPLAINED TO MR LYMAN THAT I WAS BEGINNING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. I ASKED MR LYMAN IF HE WOULD SUBMIT TO STANDARD FIELD SOBRIETY TASKS TO WHICH HE AGREED. PRIOR TO BEGINNING, I NOTICED THAT HE ONLY HAD ONE SANDAL ON HIS RIGHT FOOT AND THE LEFT SANDAL WAS MISSING. I RETRIEVED HIS LEFT SANDAL WHICH WAS LYING NEAR THE REAR LEFT TIRE OF THE CRASHED VEHICLE. 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 EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. I COULD NOT DETERMINE IF THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE AS HE DID NOT FOLLOW THE TIP OF THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK STEPS WITH MORE THAN A HALF SHOE LENGTH APART FROM EACH OTHER INSTEAD OF HEEL TO TOE FOR STEPS 6 AND 7 OF THE FIRST NINE STEPS. WHEN HE WENT TO TURN AND DO HIS NEXT 9 STEPS, HE HAD TO ASK WHAT HE HAD TO DO EVEN THOUGH HE UNDERSTOOD THE EXERCISE BEFORE BEGINNING IT. ON THE SECOND SET OF 9 STEPS, HE ALSO TOOK MORE THAN A SHOE LENGTH APART INSTEAD OF HEEL TO TOE ON STEPS NUMBER 2, 4, 6 AND 8. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO LIFT HIS RIGHT LEG OFF THE GROUND MORE THAN 2" WITH THE HEEL NEARLY TOUCHING THE GROUND THROUGHOUT THE EXERCISE. HE PLACED HIS RIGHT FOOT DOWN AT 1010, 1012 AND 1021. HE ALSO COUNTED 1020 TWICE. 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. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .185 AND .183. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A TOTAL OF $750.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 1518XBN7 WITH A MANDATORY COURT APPEARANCE OF 040711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7645SUH8, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7646SUH9, FOR DRIVING UNDER THE INFLUENCE PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE OF 040711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
