| Probable cause affidavit: |
SUBMITTED BY: GREATREX, ROBERT 0287 (AR08103723) 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) ON 061408, AT 0045 HOURS, I WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 41 FROM HERNANDO, AND IN THE AREA OF STATE ROAD 41 AND VANNESS ROAD I OBSERVED A WHITE CHEVROLET PICKUP ALSO TRAVELING SOUTHBOUND, DRIVING FROM SIDE TO SIDE, AT WHICH TIME THE VEHICLE DID FAIL TO DRIVE WITHIN A SINGLE LANE. I FOLLOWED THE WHITE CHEVROLET PICKUP FOR APPROXIMATELY ONE HALF MILE WHERE HE CONTINUED TO NOT DRIVE WITHIN A SINGLE LANE APPROXIMATELY FOUR SEPARATE TIMES. AT THE INTERSECTION OF STATE ROAD 41 AND INDEPENDENCE HIGHWAY I TURNED ON MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE BEARING LICENSE PLATE K115VL. AT THAT TIME I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE AND MADE CONTACT WITH THE DRIVER. I ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. AT THAT TIME I ASKED HIM IF THERE WAS A PROBLEM WITH HIS VEHICLE OR IF HE HAD BEEN DRINKING. THE DRIVER, IDENTIFIED AS MR BRIAN ALLEN WELTER, STATED HIS VEHICLE NEEDED A FRONT END ALIGNMENT AND THEN STATED HE HAD FOUR BEERS ALL DAY.. AT THAT TIME I WAS ABLE TO SMELL AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND SUSPECTED HE HAD BEEN DRINKING TOO MUCH. AT THAT TIME I MADE CONTACT WITH DISPATCH TO HAVE ANOTHER UNIT RESPOND, AT WHICH TIME DEPUTY KENNETH LAKATIS ARRIVED ON SCENE. WHILE I WAS GATHERING INFORMATION, DEPUTY LAKATIS ADVISED HE WOULD ASSIST WITH THE FIELD SOBRIETY TASKS FOR MR WELTER. I MADE CONTACT WITH MR WELTER AND ASKED HIM TO STEP OUT OF THE VEHICLE. AS MR WELTER EXITED HIS VEHICLE I DID OBSERVE HIM STUMBLE OUT OF THE VEHICLE, AND ALMOST FALL. AS I WAS SPEAKING WITH MR WELTER BESIDE HIS VEHICLE, AND ASKING HIM TO CONSENT TO FIELD SOBRIETY TASKS, HE WAS SWAYING FROM SIDE TO SIDE AND WAS USING HIS TRUCK TO HOLD HIMSELF UP AND STEADY HIMSELF SO HE WOULD NOT FALL. AT THAT TIME DEPUTY LAKATIS ADVISED MR WELTER HE WAS GOING TO PROCEED WITH THE FIELD SOBRIETY TASKS. AT THAT TIME, DEPUTY LAKATIS 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 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. IT SHOULD ALSO BE NOTED MR WELTER'S EYES APPEARED TO BE VERY HEAVILY DILATED, BUT HE DID STATE HE WAS NOT ON ANY TYPE OF MEDICATION. TASK TWO; WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED HE UNDERSTOOD THE INSTRUCTIONS. THE DEFENDANT WAS UNABLE TO KEEP HIMSELF STEADY AND CONTINUED TO START BEFORE DEPUTY LAKATIS ADVISED HIM TO BEGIN. AS THE DEFENDANT BEGAN TO WALK HEEL TO TOE, HE WAS VERY UNSTEADY, FAILED TO KEEP HIS ARMS TO HIS SIDES AND, AFTER TAKING APPROXIMATELY SEVEN STEPS HE BEGAN TO DO THE TURN AND PIVOT, AT WHICH TIME HE WAS UNABLE TO COMPLETE THE TASK. TASK THREE; ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED HE UNDERSTOOD THE INSTRUCTIONS AND WOULD PERFORM THE TASK. THE DEFENDANT WAS UNABLE TO KEEP HIS HANDS TO HIS SIDES AND ATTEMPTED TO BEGIN THE TASK PRIOR TO DEPUTY LAKATIS ADVISING HIM TO BEGIN. THE DEFENDANT HAD VERY SLURRED SPEECH AS HE BEGAN TO COUNT, AND AS THE DEFENDANT WAS RAISING HIS LEG HE ALMOST FELL SEVERAL TIMES. THE DEFENDANT WAS ABLE TO COUNT TO APPROXIMATELY FIVE BEFORE HE WAS UNABLE TO HOLD HIMSELF IN THE CORRECT POSITION, AND HAD TO STOP. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS MOTHER, AT WHICH TIME SHE REMOVED THE VEHICLE WHILE I WAS STILL AT THE INCIDENT ADDRESS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE CONSENTED TO THE APPROVED TEST OF HIS BREATH TO ASCERTAIN HIS BREATH ALCOHOL LEVEL, AND WAS READ MIRANDA WARNINGS BY OFFICER MATSON WITH THE CITRUS COUNTY DETENTION FACILITY. THE RESULTS OF THE TEST WERE .127 AND .126. 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 NUMBER 4261-XDX, FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 070308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0422-ETP FOR FAILURE TO DRIVE WITHIN A SINGLE LANE, WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
