| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR07100890) 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)(C) AND DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) ON 122307 AT 0134 HOURS, I WAS TRAVELING EAST ON STATE ROAD 44 NEAR THE WITHLACOOCHEE TECHNICAL INSTITUTE. THE VISIBILITY WAS POOR DUE TO HEAVY FOG AND THE ROAD SURFACE WAS DAMP. I OBSERVED A VEHICLE TRAVELING WEST ON STATE ROAD 44 IN THE INSIDE LANE, PASSING ANOTHER VEHICLE IN THE OUTSIDE LANE. I ESTIMATED THE VEHICLE'S SPEED AND OBSERVED A VISUAL DISPLAY ON MY RADAR UNIT OF 66 MILES PER HOUR (MPH) IN A POSTED 45 MPH SPEED ZONE, ALONG WITH AN AUDIO TONE. I TURNED AROUND TO CATCH THE VEHICLE AND OBSERVED THE RIGHT REAR TAIL LAMP OUT. I CAUGHT UP WITH THE VEHICLE, ACTIVATED MY EMERGENCY WARNING LIGHTS AND MY IN-CAR VIDEO CAMERA SYSTEM. THE VEHICLE PULLED INTO THE PARKING LOT OF THE SUNTRUST BANK AT STATE ROAD 44 AND RICHARDS. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR BRIAN J DONNELLY, AND REQUESTED HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. HE STATED "YOU'RE GONNA HATE ME." I ASKED WHY THAT WAS AND THE DEFENDANT STATED HE MIGHT NOT HAVE THE CORRECT PAPERWORK. THE DEFENDANT PROVIDED ME WITH HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIS EYES WERE GLASSY AND BLOODSHOT, HIS SPEECH WAS THICK-TONGUED AND THERE WAS A FAINT ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I RETURNED TO MY PATROL VEHICLE AND COMPLETED A CITATION FOR SPEEDING AND A WARNING FOR THE TAIL LIGHT VIOLATION WHICH I ISSUED TO THE DEFENDANT. I CONDUCTED A CONSENT SEARCH OF THE VEHICLE AND ASKED THE DEFENDANT TO EMPTY THE CONTENTS OF HIS POCKETS ONTO THE HOOD OF MY PATROL VEHICLE. I PATTED THE DEFENDANT DOWN AND FELT A BULGE IN HIS LEFT FRONT PANTS POCKET. I ASKED THE DEFENDANT WHAT THIS WAS AND HE STATED "YOU GOT ME." I PULLED THE ITEM OUT OF HIS POCKET AND OBSERVED IT TO BE A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE WHICH HAD THE ODOR OF MARIJUANA. WHILE ASKING THE DEFENDANT SOME QUESTIONS, I OBSERVED THAT THE DEFENDANT APPEARED TO BE CONFUSED AND THAT HIS SPEECH WAS SLURRED. 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. IT SHOULD BE NOTED THIS TASK WAS ATTEMPTED TWO TIMES AND THE RESULTS WERE FOR THE SECOND ATTEMPT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE AFTER COMPLETING THE TURN. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, ON THE FIRST LEFT, THE DEFENDANT MISSED TOUCHING HIS NOSE COMPLETELY, TOUCHING HIS MUSTACHE INSTEAD. ON THE THIRD RIGHT, HE WAS UNCERTAIN AND FUMBLED BUT TOUCHED HIS NOSE. ON THE LAST LEFT, HE MISSED TOUCHING HIS NOSE COMPLETELY, TOUCHING HIS MUSTACHE INSTEAD. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE. UPON REACHING THE COUNT OF ONE THOUSAND-TEN, THE DEFENDANT STARTED COUNTING OVER AT ONE THOUSAND-ONE. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND POSSESSION OF MARIJUANA. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE, PER THE DEFENDANT'S REQUEST. THE KEYS WERE TURNED OVER TO A FRIEND. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .162 AND .154. 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 4114-XDX, WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO CHARGED WITH POSSESSION OF MARIJUANA IN AN AMOUNT UNDER TWENTY GRAMS, WITH BOND SET AT $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 9199-FGW, FOR UNLAWFUL SPEED, 66 MPH IN A POSTED 45 MPH SPEED ZONE WITH A $213.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 208923-B, FOR FAULTY EQUIPMENT, INOPERABLE TAIL LAMP. *not-exempt* |
