| Probable cause affidavit: |
SUBMITTED BY: BEETOW, CHARLES 0295 (AR16-20033) 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)(A). ON 062616, I WAS CONDUCTING A SECURITY CHECK WITHIN THE CITY OF INVERNESS, IN REFERENCE TO A SUBJECT WHO LEFT CITRUS MEMORIAL HOSPITAL WHO WAS POSSIBLY UNDER THE INFLUENCE OF DRUGS. AT THAT TIME, I WAS NOTIFIED BY DEPUTY CROSNOE (0234) THAT THE HE HAD JUST PULLED UP ON A VEHICLE THAT HAD CRASHED INTO CROWN COURT ASSISTED LIVING FACILITY. UPON ARRIVAL AT DEPUTY CROSNOE'S LOCATION, I OBSERVED A SILVER CHEVROLET VENTURE VAN THAT WAS ON THE SOUTHWEST CORNER OF THE CROWN COURT ASSISTED LIVING FACILITY. AT THAT TIME, I MADE CONTACT WITH THE DRIVER, IDENTIFIED AS MR BRIAN MACKIE AND ASKED HIM IF HE WAS OKAY. MR MACKIE STATED THAT HE WAS THERE TO CONDUCT A SECURITY SYSTEM CHECK, AND THE FIRE ALARMS NEEDED TO BE TESTED. WHILE SPEAKING WITH MR MACKIE, I OBSERVED HIS SPEECH TO BE SLOW AND SLURRED, HE HAD A DAZED LOOK ON HIS FACE AND HIS EYELIDS APPEARED TO BE HALFWAY CLOSED. I AGAIN ASKED MR MACKIE IF WAS OKAY AND OFFERED HIM EMERGENCY MEDICAL SERVICES, TO WHICH HE STATED HE WAS FINE. I OBSERVED DAMAGE TO THE FRONT OF MR MACKIE'S VEHICLE, CONSISTING OF WHITE PAINT AND WHAT APPEARED TO BE STUCCO. I OBSERVED DAMAGE TO THE STUCCO AND CORNER AREA OF THE BUILDING. I THEN ASKED MR MACKIE IF HE RECALLED WHAT HAPPENED, TO WHICH HE STATED HE HAD NO IDEA. I ASKED MR MACKIE FOR HIS DRIVER'S LICENSE, REGISTRATION AND INSURANCE INFORMATION. MR MACKIE THEN PROVIDED ME WITH HIS RHODE ISLAND IDENTIFICATION CARD AND ALL OTHER REQUESTED DOCUMENTS. AFTER OBTAINING THIS INFORMATION, I COMPLETED A TRAFFIC CRASH REPORT AND FOUND THE DRIVER, MR MACKIE, AT FAULT. A FLORIDA UNIFORM CITATION, A1BU13P, WAS ISSUED TO THE MR MACKIE FOR THE CHARGE OF CARELESS DRIVING. AFTER COMPLETING MY TRAFFIC CRASH INVESTIGATION, I ADVISED MR MACKIE THAT I WOULD BE CONDUCTING A DRIVING WHILE UNDER THE INFLUENCE (DUI) INVESTIGATION, TO WHICH THE DEFENDANT ADVISED THAT HE UNDERSTOOD AND WOULD COMPLY. WHEN I ASKED MR MACKIE TO EXIT HIS VEHICLE, HE CONTINUED TALKING TO ME IN SLOW, SLURRED SPEECH AND HAD DIFFICULTY MAINTAINING HIS BALANCE WHILE EXITING HIS VEHICLE. I THEN EXPLAINED THE PROCESS OF PERFORMING FIELD SOBRIETY TASKS TO MR MACKIE, WHOSE EYES REPEATEDLY SHUT AS THOUGH HE WAS FALLING ASLEEP. HE ALSO CONTINUED MUMBLING AND USING THE VEHICLE TO MAINTAIN HIS BALANCE. I WALKED MR MACKIE OVER TO A LEVEL SURFACE THAT WAS LOCATED IN A PARKING LOT NEXT TO THE INCIDENT LOCATION AND AGAIN EXPLAINED THE FIELD SOBRIETY TASKS TO HIM. I THEN ASKED MR MACKIE IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS. HE STATED THAT HE DID NOT HAVE ANY MENTAL DISABILITIES; HOWEVER, HE ADVISED HE REQUIRES THE USE OF A CANE DUE TO AN INJURY TO HIS LEFT KNEE. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MACKIE. DURING THIS TASK, HE ASKED NUMEROUS TIMES WHAT HE WAS SUPPOSED TO DO, EVEN THOUGH I HAD EXPLAINED AND DEMONSTRATED THE TASK TO HIM SEVERAL TIMES. THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE, PLACE ONE FOOT IN FRONT OF THE OTHER, KEEP HIS HANDS DOWN TO HIS SIDE OR COUNT OUT LOUD. MR MACKIE WAS AFFORDED THREE SEPARATE OPPORTUNITIES TO PERFORM THIS TASK, UNTIL HE STATED THAT HE NO LONGER WISHED TO ATTEMPT THIS TASK. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MACKIE. DURING THIS TASK, HE ADVISED THAT HE DID NOT FEEL COMFORTABLE PERFORMING THE TASK. TASK THREE, THE ROMBERG ALPHABET TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MACKIE. WHILE EXPLAINING THE TASK TO HIM, MR MACKIE REPEATEDLY DOSED OFF, SWAYED BACK AND FORTH, AND HAD DIFFICULTY UNDERSTANDING BASIC INSTRUCTION. WHEN MR MACKIE PERFORMED THIS TASK, HE CONTINUOUSLY SWAYED BACK AND FORTH AND FAILED TO KEEP HIS EYES CLOSED AND HIS HEAD TILTED BACK. I AGAIN EXPLAINED AND DEMONSTRATED THIS TASK TO MR MACKIE, WHO WAS STILL UNABLE TO PERFORM THE TASK AS EXPLAINED AND DEMONSTRATED. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MACKIE. THIS TASK HAD TO BE EXPLAINED AND DEMONSTRATED TO MR MACKIE THREE DIFFERENT TIMES. HE ADVISED THAT HE UNDERSTOOD AND ATTEMPTED THIS TASK. WHILE EXPLAINING THIS TASK, MR MACKIE REPEATEDLY CLOSED HIS EYES, DOSED OFF AND MUMBLED. WHEN MR MACKIE BEGAN PERFORMING THIS TASK, HE SWAYED SO MUCH THAT A BACK UP DEPUTY WHO WAS ON SCENE HAD TO STAND BEHIND HIM TO KEEP HIM FROM FALLING OVER. MR MACKIE WAS UNABLE TO KEEP HIS HEAD TILTED BACK, HIS EYES CLOSED, HIS FEET TOGETHER OR TO TOUCH HIS NOSE WITH THE TIP OF HIS FINGER. AFTER PERFORMING THE FIELD SOBRIETY TASKS, I PLACED MR MACKIE/DEFENDANT UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE OF NARCOTICS. AFTER THE DEFENDANT WAS PLACED UNDER ARREST, HE WAS READ HIS MIRANDA WARNINGS VIA AN AGENCY PREPARED TEXT. AFTER CAREFULLY EXPLAINING THE DEFENDANT'S MIRANDA WARNINGS TO HIM, HE ADVISED THAT HE UNDERSTOOD AND AGREED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT HE HAD TAKEN TWO, 10 MILLIGRAM VICODIN PILLS EARLIER THAT EVENING. HE ADVISED THAT HE DOES NOT DRINK AND HAS NO ALCOHOL IN HIS SYSTEM. WHILE SPEAKING WITH THE DEFENDANT, I COULD NOT DETECT ANY ODOR OF ALCOHOL ON HIS PERSON OR HIS BREATH. I THEN ASKED THE DEFENDANT IF HE IS PRESCRIBED VICODIN OR ANY OTHER CONTROLLED SUBSTANCE. HE STATED THAT HE USED TO BE PRESCRIBED THOSE MEDICATIONS WHEN HE LIVED IN RHODE ISLAND, BUT IS NO LONGER PRESCRIBED ANYTHING. THE DEFENDANT WAS THEN READ IMPLIED CONSENT IN WHICH HE REPLIED HE WOULD CONSENT TO A URINE TEST. THE URINE TEST WILL BE SENT OUT FOR FURTHER ANALYSIS. THE DEFENDANT WAS SUBSEQUENTLY HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ED'S TOWING. UPON ARRIVAL THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER, 7544XAD6, WITH A MANDATORY COURT APPEARANCE OF 070706 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE AND A $166.00 (PAYABLE WITHIN THIRTY DAYS) FINE FOR THE CARELESS DRIVING INFRACTION. COPIES OF BOTH FLORIDA UNIFORM TRAFFIC CITATIONS ISSUED TO THE DEFENDANT WERE PLACED WITH HIS BELONGINGS, AND A DUI PACKET WAS SUBMITTED TO RECORDS. |
