| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR09107825) (0351) 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 022309, I WAS CONTACTED BY DEPUTY THEN WHO WAS AT CITRUS MEMORIAL HOSPITAL ON AN UNRELATED CALL. DEPUTY THEN STATED THAT A MALE HAD just LEFT THE EMERGENCY ROOM HEADED TOWARD THE PARKING LOT, AND APPEARED TO BE HIGHLY INTOXICATED. HE STATED THAT HE BELIEVED that THE MALE SUBJECT WOULD GET INTO A VEHICLE ONCE HE ARRIVED IN THE PARKING LOT. AS I ARRIVED AT THE HOSPITAL, I MADE CONTACT with DEPUTY THEN, WHO WAS IN THE PROCESS OF EXITING THE EMERGENCY ROOM AND POINTED OUT THE VEHICLE THAT WAS IN THE PROCESS OF BAKING UP. DEPUTY THEN INDICATED THAT THAT VEHICLE WAS CURRENTLY OCCUPIED BY the SUBJECT THAT HE OBSERVED EXITING THE EMERGENCY ROOM THAT APPEARED TO BE EXTREMELY INTOXICATED. I OBSERVED THE DEFENDANT'S VEHICLE IN THE PROCESS OF BACKING OUT OF A PARKING SPOT. HOWEVER, ONCE THE DEFENDANT, MR BUFORD JOYNER, SAW MY PATROL VEHICLE HE PULLED BACK INTO THE PARKING SPOT AND TURNED OFF HIS VEHICLE. I THEN made CONTACT WITH THE DEFENDANT, WHO WAS STILL SITTING IN the DRIVER SEAT with THE KEYS IN the IGNITION. UPON SPEAKING with THE DEFENDANT, I NOTICED A STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON, and HIS EYES WERE EXTREMELY BLOOD SHOT. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE REPLIED, "YES, SEVERAL EARLIER IN THE NIGHT". I THEN ASKED THE DEFENDANT TO EXIT THE VEHICLE AND EXPLAINED TO HIM THAT THE other DEPUTY HAD OBSERVED HIM ENTER THE VEHICLE AND HAD CONCERNS FOR his ABILITY TO DRIVE. I THEN ASKED THE DEFENDANT IF HE would CONDUCT FIELD SOBRIETY TASKS, TO WHICH HE AGREED. 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. the DEFENDANT ADVISED THAT HE HAS PROBLEMS WITH HIS EYES, BACK, AND LEGS. HOWEVER, HE STATED THAT OF THESE IMPAIRMENTS AFFECTED HIS ABILITY TO OPERATE A MOTOR VEHICLE SAFELY. 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. 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 THE INSTRUCTIONAL PHASE OF THIS TASK, THE DEFENDANT KEPT BEGINNING THE TASK PRIOR TO BEING INSTRUCTED TO DO SO ON SEVERAL OCCASIONS. THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ON EACH ATTEMPT, FAILED TO TURN PROPERLY, AND FAILED TO TOUCH HEEL TO TOE ON EACH RETURN STEP. THE TASK WAS THEN ENDED. THE TASK WAS ONCE AGAIN EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT. ONCE AGAIN THE DEFENDANT BEGAN THE TASK PRIOR TO BEING INSTRUCTED TO DO SO ON SEVERAL OCCASIONS AND FAILED TO TOUCH HEEL TO TOE ON BOTH INITIAL AND RETURN APPROACHES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS RIGHT LEG APPROXIMATELY THREE INCHES OFF THE GROUND AND BEGAN TO LOSE BALANCE, AND ONCE AGAIN REPLACED HIS FOOT ONTO THE GROUND. THE DEFENDANT THEN PICKED HIS FOOT back UP OFF THE GROUND AND BEGAN TO LOSE BALANCE. HE ONCE AGAIN PLACED HIS FOOT BACK ONTO THE GROUND. THE TASK WAS THEN ENDED FOR FEAR THAT THE DEFENDANT WOULD FALL. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONAL PHASE OF THIS TASK THE DEFENDANT ONCE AGAIN ATTEMPTED TO BEGIN THE TASK PRIOR TO BEING TOLD TO DO SO. DURING THE INSTRUCTIONAL PHASE IT WAS EMPHASIZED TO THE DEFENDANT that ONCE HE TOUCHED THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE, IT would BE HIS RESPONSIBILITY TO REPLACE HIS HAND TO HIS SIDE AND HE WOULD NOT BE INSTRUCTED TO DO SO. THE TASK WAS THEN STARTED. DURING THE TASK, the DEFENDANT FAILED TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE ON THREE ATTEMPTS AND FAILED TO RETURN HIS HAND TO his SIDE AS INSTRUCTED ON APPROXIMATELY 50 PERCENT OF THE ATTEMPTS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTIONAL OFFICER PRICE. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .108 AND .108. 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, CITATION NUMBER 4279-XDX WITH A MANDATORY COURT APPEARANCE ON 031309 AT0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. IT SHOULD BE NOTED, A SHORT TIME LATER WHILE I WAS STILL AT THE DETENTION FACILITY, I MADE CONTACT WITH CITRUS MEMORIAL HEALTH SYSTEM TO INQUIRE AS TO WHETHER ANY NURSES AT THE HOSPITAL RECALLED SEEING THE DEFENDANT. A NURSE/WITNESS STATED THAT SHE RECALLED SPEAKING TO THE DEFENDANT. THE WITNESS STATED SHE HAD INFORMED HIM THAT HE PROBABLY HAD HAD TOO MUCH TO DRINK AND THAT HE SHOULD GET A RIDE HOME FROM SOMEONE ELSE. TO THIS, THE DEFENDANT REPLIED THAT HE WAS OKAY AND THAT HE COULD DRIVE HOME SAFELY. THE WITNESS CONTINUED TO STATE THAT DURING THE TIME SHE WAS SPEAKING WITH THE DEFENDANT, SHE NOTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIM. SHE STATED SHE ALSO NOTED THAT HE HAD DIFFICULTY STANDING. THE WITNESS WAS ALARMED TO THE EXTENT THAT SHE CONTACTED THE SHERIFF'S OFFICE TO REPORT HER FEARS. *NOT-EXEMPT* |
