| Date of birth: | Nov 29, 1961 |
| Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR09107157) 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 011309, THIS DEPUTY OBSERVED A VEHICLE TRAVELLING WEST BOUND ON STATE ROAD 44 GULF TO LAKE HIGHWAY. THE VEHICLE WAS HAVING DIFFICULTY MAINTAINING A SINGLE LANE AND CHANGED LANES WITHOUT SIGNALING. THE VEHICLE THEN TRAVELLED OFF OF THE ROAD WAY TO THE RIGHT OF THE FOG LINE WITH THE PASSENGER SIDE TIRES. IT WAS AT THIS TIME, THIS DEPUTY INITIATED A TRAFFIC STOP. UPON APPROACHING THE DRIVER, I OBSERVED AN OPEN MICHELOB ULTRA PARTIALLY FULL NEXT THE DRIVER AND THE ODOR OF BEER WAS VERY STRONG AS THE DRIVER SPOKE. THE DRIVER WAS VERY POLITE AND HONEST AND STATED THAT HE HAD BEEN DRINKING AND THAT HE HAD APPROXIMATELY SIX TO EIGHT BEERS. IT SHOULD BE NOTED, THE DRIVER'S EYES WERE RED AND WATERY AND IT WAS AT THIS TIME I ASKED THE DRIVER WHO STEPPED OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS. 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 NOT COMPLETED DUE TO UNSAFE AREA CONDITIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOSS BALANCE DURING INSTRUCTIONS AND RAISED HIS ARM MORE THAN SIX INCHES FOR BALANCE. IT SHOULD BE NOTED; THIS TASK HAD TO BE EXPLAINED TWICE AT THAT TIME. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DRIVER TWO TIMES AND DURING THIS TASK HE DEMONSTRATED POOR BALANCE, DID NOT KEEP HIS EYES CLOSED MISSED THE TIP OF HIS NOSE WITH HIS INDEX FINGER ON ONE ATTEMPT, AND FAILED TO TURN HIS ARMS TO HIS SIDE. AFTER THIS ATTEMPT, I READ THE DEFENDANT HIS MIRANDA WARNING AND COMPLIED 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PICKED UP BY FAMILY FROM THE SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .092 AND .099 WHICH IS ABOVE THE LEGAL BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Jan 13, 2009 |
| Booking number: | 09107157 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $0 |
