| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR07100886) DID OPERATE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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 327.35(1)(A) ON 122207 AT 2117 HOURS, I WAS DISPATCHED TO A BOATING ACCIDENT AT 54 WITHLAPOPKA DRIVE IN FLORAL CITY. UPON ARRIVAL IN THE AREA, I MET WITH A WITNESS, MR FORREST PEMBERTON, WHO STATED WHILE HE WAS IN HIS RESIDENCE, HE HEARD A CRASH AND CAME OUT TO INVESTIGATE. THE WITNESS STATED HE HEARD SOMEONE YELLING "HELP" AND LOCATED THE DEFENDANT, MR BRIAN WILLIAM ROBB, AND ANOTHER MAN, MR ALLEN O'NEAL, IN THE WATER NEAR THE SOUTHERN BRIDGE ON WITHLAPOPKA DRIVE, OVER THE LESLIE HEFNER CANAL. THE WITNESS ALSO STATED HE SAW AN AIRBOAT AND A MARKER SIGN KNOCKED DOWN, IN THE WATER. THE WITNESS STATED HE HELPED BOTH SUBJECTS OUT OF THE WATER, THEN RETURNED TO HIS RESIDENCE TO CONTACT LAW ENFORCEMENT. THE WITNESS STATED WHEN HE RETURNED TO THE SCENE, THE SUBJECTS WERE IDLING AWAY IN THE AIRBOAT. I CHECKED THE AREA AND OBSERVED AN IDLE SPEED/NO WAKE ZONE SIGN FLOATING UNDER THE BRIDGE. I WAS ADVISED BY DISPATCH THAT EMERGENCY MEDICAL SERVICE (EMS) HAD LOCATED THE SUBJECTS AND THE AIRBOAT AT THE WITHLAPOPKA COMMUNITY CENTER BOAT RAMP. I RESPONDED TO THE AREA AND OBSERVED AN AIRBOAT THAT HAD DAMAGE TO THE RIGHT FRONT BOW AREA. I MET WITH MR O'NEAL WHO STATED THE DEFENDANT WAS OPERATING THE AIRBOAT WHEN THEY CRASHED INTO A SIGN NEAR THE BRIDGE. MR O'NEAL STATED THEY WERE BOTH THROWN INTO THE WATER AS A RESULT OF THE ACCIDENT. MR O'NEAL STATED HE HELPED THE DEFENDANT FROM THE WATER AND THEN THEY LEFT THE AREA. UPON FURTHER QUESTIONING, MR O'NEAL STATED "I KEPT TELLING HIM TO SLOW DOWN" AND "TO WATCH OUT FOR THE BRIDGE." MR O'NEAL ALSO STATED THE ONLY LIGHT THEY HAD ON THE BOAT WAS THE ONE ON THE DEFENDANT'S HEAD. WHILE SPEAKING WITH MR O'NEAL, I OBSERVED THAT HE APPEARED TO BE INTOXICATED. I NOTED THAT HE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I MET WITH THE DEFENDANT WHO STATED HE WAS OPERATING HIS AIRBOAT WITH MR O'NEAL AS A PASSENGER AND THEY HAD BEEN RUNNING AROUND IN THE WOODED AREA. WHEN ASKED ABOUT THE DAMAGE TO HIS AIRBOAT, THE DEFENDANT STATED IT WAS OLD DAMAGE. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIS EYES WERE WATERY AND BLOODSHOT AND HE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I RE-POSITIONED BY PATROL VEHICLE AND ACTIVATED THE IN-CAR VIDEO TO CONDUCT STANDARDIZED FIELD SOBRIETY TASKS. 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 HAD PROBLEMS WITH HIS KNEES. HOWEVER, HE DID NOT SPECIFY THE NATURE OF THE PROBLEMS. 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. IT SHOULD BE NOTED DURING THIS TASK, THE DEFENDANT LOOKED STRAIGHT AHEAD AT ME. WHEN ASKED IF THE DEFENDANT COULD SEE THE TIP OF THE PEN, HE STATED YES BUT CONTINUED TO STARE STRAIGHT AHEAD AT ME EVEN THOUGH THE PEN WAS OFF TO THE SIDE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION PHASE, THE DEFENDANT INTERRUPTED AND SAID HE COULD NOT DO IT because HE WAS COLD. DURING THIS TASK, THE DEFENDANT LOST HIS BALANCE DURING THE INSTRUCTIONS, STARTED BEFORE BEING TOLD TO DO SO, STOPPED WHILE WALKING, DID NOT TOUCH HEEL TO TOE ON ANY STEP, AND TOOK AN INCORRECT NUMBER OF STEPS. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION PHASE, THE DEFENDANT AGAIN STATED HE WAS COLD. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGER, USING EITHER HAND, OPENED HIS EYES AND FAILED TO KEEP HIS HEAD TILTED. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE COULD NOT DO THE TASK BECAUSE HE WAS COLD. THE DEFENDANT DID NOT ATTEMPT THE TASK. THE DEFENDANT WAS PLACED UNDER ARREST FOR BOATING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VESSEL WAS LEFT IN THE CARE OF DEPUTY THEN AND LATER RECOVERED BY TONY'S COLLISION. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT 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 BOATING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM BOATING CITATION, CITATION NUMBER U-133502, WITH A MANDATORY COURT APPEARANCE TO BE SET. *NOT-EXEMPT* |
