| Probable cause affidavit: |
SUBMITTED BY: FHP TROOPER CRAMER 1415 (AR09112220) 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. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY 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 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT COUNT OUT LOUD EACH STEP, COULD NOT WALK HEAL TO TOE, HE RAISED HIS ARMS AROUND SHOULDER HEIGHT FOR BALANCE. HE HAD TO CATCH HIMSELF SEVERAL TIMES DUE TO LOSING BALANCE, HE ALSO TOOK TEN STEPS INSTEAD OF NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE AT SHOULDER HEIGHT, HE PUT HIS FOOT DOWN TWICE AND THROUGHOUT THE ENTIRE EXERCISE HIS KNEES WERE BENT NOT STRAIGHT AS IT WAS EXPLAINED, HE DID NOT COUNT ONE ONE THOUSAND OUT LOUD AS WAS EXPLAINED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ MIRANDA FROM A PRINTED CARD, AT WHICH TIME HE DID NOT WANT TO SPEAK TO ME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 0530XAU WITH A MANDATORY COURT APPEARANCE OF 121709 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0466SSY, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. ALSO ISSUED A UNIFORM TRAFFIC CITATION NUMBER 0467SSY, FOR OPEN CONTAINER BY DRIVER IN MOTOR VEHICLE, WITH A $166.00 FINE. FHP CASE NUMBER C090FF113423 *NOT-EXEMPT* |
