| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR11122224) 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 081411 AT APPROXIMATELY 0015 HOURS, I WAS MONITORING NORTHBOUND TRAFFIC ON NORTH LECANTO HIGHWAY AND CARL COURT. I OBSERVED A GRAY CHEVROLET PICKUP TRUCK BEARING FLORIDA TAG VM565 TRAVELING NORTHBOUND ON NORTH LECANTO HIGHWAY AT A HIGH RATE OF SPEED. I ESTIMATED THE VEHICLE'S SPEED TO BE 50 MILES PER HOURS (MPH) IN A POSTED 40 MPH SPEED ZONE. I ACTIVATED MY RADAR, HEARD A CLEAR AUDIO DOPPLER TONE AND OBSERVED A TARGET SPEED OF 51 MPH. I CONDUCTED THE TRAFFIC STOP AT THE INTERSECTION OF NORTH LECANTO HIGHWAY AND FOREST RIDGE BOULEVARD IN BEVERLY HILLS. I APPROACHED THE DRIVER WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR CASEY DANIEL DEHASS, AND EXPLAINED THE REASON FOR THE TRAFFIC STOP. I ASKED HIM FOR HIS DRIVER'S LICENSE AND IMMEDIATELY NOTICED HE HAD BLOODSHOT WATERY EYES. AS THE DEFENDANT SPOKE TO ME, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I ASKED HIM IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES AND HE STATED HE HAD HAD A COUPLE OF DRINKS. THE DEFENDANT EXITED HIS VEHICLE AND BEGAN URINATING ON THE SIDE OF THE ROAD. HE THEN WALKED BACK TO THE REAR OF HIS VEHICLE AND STOOD THERE. THE DEFENDANT SWAYED AND HAD A HARD TIME KEEPING HIS BALANCE. I ASKED HIM IF HE WOULD BE WILLING TO PERFORM A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE SAID YES. 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 HIS VISION WAS FINE BUT HE HAD HAD SURGERY ON HIS ANKLE MANY YEARS AGO. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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 STOPPED WALKING TO STEADY HIMSELF, DID NOT TOUCH HEEL TO TOE ON ANY STEP, STEPPED OFF THE LINE, USED ARMS FOR BALANCE, AND PERFORMED AN INCORRECT TURN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, USED ARMS FOR BALANCE AND PUT HIS FOOT DOWN NUMEROUS TIMES. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. THE DEFENDANT HAD A COOLER IN THE BED OF HIS PICKUP TRUCK WHICH CONTAINED TWO OPEN BOTTLES OF JAGER MEISTER AND AN OPEN BOTTLE OF ABSOLUT VODKA WITH ICE. I EMPTIED THE BOTTLES AND PLACED THE CONTAINERS BACK IN THE COOLER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS MOTHER WHO HAD BEEN CONTACTED AND LATER ARRIVED ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. 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, CITATION NUMBER 6980-XDO8, WITH A MANDATORY COURT APPEARANCE DATE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7064-GJX3, FOR UNLAWFUL SPEED, 51 MPH IN A POSTED 40 MPH SPEED ZONE, WITH A $206.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
