| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR09107571) 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; ON 020809 AT 0445 HOURS, I WAS TRAVELING NORTH ON HIGHWAY 491 AND PASSED WEST FAGAN COURT, AT WHICH TIME I OBSERVED VEHICLE TAIL LIGHTS APPROXIMATELY 50 YARDS OFF OF 491. THIS DEPUTY TURNED AROUND AND PULLED IN BEHIND the VEHICLE. UPON EXITING MY PATROL VEHICLE AND WALKING TOWARDS THE DEFENDANT'S VEHICLE, THE DEFENDANT OPENED THE DOOR AND PUT HIS LEFT FOOT DOWN ALMOST FALLING out OF THE TRUCK AND THEN PULLED HIMSELF UP BY THE DOOR. THE DEFENDANT STATED, "WHAT'S GOING ON?" I CONTINUED WALKING TOWARDS THE DEFENDANT, AND UPON THIS DEPUTY COMING WITHIN 10 FEET, I COULD SMELL THE ODOR OF ALCOHOL AND THE DEFENDANT WAS EXTREMELY UNEASY ON HIS FEET. I ASKED WHAT THE DEFENDANT WHAT HE WAS doing OUT HERE, HE STATED "SITTING IN MY TRUCK". IT should BE NOTED THAT THE TRUCK WAS RUNNING AND THE HEADLIGHTS WERE ON. I ASKED the DEFENDANT IF HE HAD ANY IDENTIFICATION ON HIM, TO which HE PULLED OUT HIS WALLET AND HANDED THE ENTIRE WALLET TO ME. I RETRIEVED the DEFENDANT'S FLORIDA IDENTIFICATION CARD FROM the WALLET AND RETURNED IT TO HIM. I ASKED the DEFENDANT WHAT HE WAS doing OUT HERE, AND HE STATED IT WAS HIS FRIEND'S PROPERTY AND HE WAS STAYING WITH HIS FRIEND. THE DEFENDANT STATED, "I'M NOT doing ANYTHING WRONG, I'M ON MY PROPERTY." I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE STATED, YES A LITTLE. I ASKED the DEFENDANT TO STEP OVER IN FRONT OF MY PATROL VEHICLE and ASKED THE DEFENDANT WHAT HE HAD TO DRINK. the DEFENDANT STATED, BEER. I ASKED THE DEFENDANT HOW MANY, AND HE STATED ONE. I ASKED THE DEFENDANT what IF ANYTHING HE HAD TO DRINK TONIGHT AND HE STATED, PIE. I ASKED the DEFENDANT WHEN HE HAD THAT, AND HE BEGAN TRYING TO EXPLAIN WHAT HE MEANT BY PIE, STATING SOMETHING ABOUT BEEF. I THEN ASKED THE DEFENDANT IF HE would BE WILLING TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED HE DID NOT UNDERSTAND WHY HE NEEDED TO, DUE TO NOT BEING ON the ROADWAY. IT SHOULD BE NOTED THAT APPROXIMATELY 50 YARDS AWAY, IS A STREET SIGN WHICH READS WEST FAGAN COURT. THIS ROAD APPEARS TO BE A DIRT ROAD AND IS THE ROAD THE DEFENDANT APPEARED TO BE PARKED ON. I AGAIN ASKED THE DEFENDANT IF HE would PERFORM FIELD SOBRIETY TASKS, AND HE STATED, OKAY. 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 YES. I ASKED SPECIFICALLY WHERE HE HAD PROBLEMS AT, TO WHICH HE STATED, "ALL OVER". I THEN ASKED THE DEFENDANT IF HE WAS ON ANY TYPE OF MEDICATION, AND HE REPLIED, NO. I ASKED THE DEFENDANT IF HE HAD ANY PROBLEMS with HIS EYES, TO WHICH HE STATED YES, THEY don't' WORK RIGHT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT ADVISED THAT HE HAD EYE PROBLEMS BUT WOULD NOT SPECIFY WHAT KIND. DURING THIS TASK, THERE WAS ABSOLUTELY NO PURSUIT, AND IT APPEARED THE DEFENDANT WAS INTENTIONALLY LOOKING IN DIFFERENT DIRECTIONS INSTEAD OF FOLLOWING THE PEN. THE DEFENDANT CONTINUALLY GLANCED AT THE PEN, HOWEVER, DID NOT LEAVE HIS EYES AT THE PEN LONG ENOUGH TO OBSERVE ANY NYSTAGMUS. TASK TWO, ROMBERG ALPHABET. I ASKED THE DEFENDANT IF HE KNEW THE ALPHABET "A" TO "Z", AND HE BEGAN RECITING THE ALPHABET. I ADVISED the DEFENDANT TO WAIT UNTIL I EXPLAINED THE DIRECTIONS BEFORE BEGINNING. I EXPLAINED that HE WOULD BE STANDING WITH HIS FEET TOGETHER AND ARMS TO SIDE, PUTTING HIS HEAD BACK AND CLOSING HIS EYES. I ALSO EXPLAINED TO HIM TO RECITE THE ALPHABET WITHOUT SINGING OR RHYMING IT. I ASKED THE DEFENDANT IF HE UNDERSTOOD THE DIRECTIONS, AND HE STATED, YES. THE DEFENDANT WOULD NOT KEEP HIS EYES CLOSED, AND WAS ABLE TO MAKE IT THROUGH THE LETTER "U" WITHOUT ANY VERBAL PROBLEMS. AFTER THE LETTER "U", THE DEFENDANT STARTED STATING RANDOM LETTERS, NEVER GETTING TO "Z". DURING THE TASK THE DEFENDANT WAS EXTREMELY UNBALANCED AND NEARLY FELL BACKWARDS SEVERAL TIMES. AFTER THE COMPLETION OF this TASK, I ADVISED THE DEFENDANT THAT THE NEXT TASK WOULD BE THE FINGER TO NOSE. I ASKED THE DEFENDANT TO STAND with his FEET TOGETHER AND ARMS TO HIS SIDE. THE DEFENDANT THEN STATED "I'M NOT GOING TO DO ANYMORE OF THESE". I ASKED THE DEFENDANT IF HE WISHED TO TRY A DIFFERENT ONE, AND HE STATED "I'M going TO TURN MY TRUCK OFF, YOU CAN STOP ME IF YOU NEED TO". THE DEFENDANT BEGAN WALKING TOWARDS HIS TRUCK, AT which TIME I GRABBED HIM BY THE ARM AND ASKED HIM TO PUT HIS HANDS BEHIND HIS BACK. THE DEFENDANT THEN COMPLIED WITH NO RESISTANCE and WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND his BACK. HE WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT'S TRUCK WAS LEFT ON SCENE AND SECURED. THE KEYS WERE BROUGHT TO THE DETENTION FACILITY TO BE PUT WITH HIS BELONGINGS. the DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED with DUI, AND HIS BOND WAS SET AT $1,000.00, DUE TO IT BEING HIS SECOND OFFENSE. THE DEFENDANT WAS ISSUED DUI TRAFFIC CITATION, CITATION NUMBER 9434-XAI3. *NOT-EXEMPT* |
