| Probable cause affidavit: |
SUBMITTED BY: STEELFOX, MATTHEW (FWC) AR1336 THE DEFENDANT, MR CHAD RAYMOND BASNEY, DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, 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 STATUTE 327.35(1)(A). THE DEFENDANT, MR CHAD RAYMOND BASNEY, DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL, AND DID OPERATE SAID VESSEL IN AN UNLAWFUL MANNER WHILE IN A RESTRICTED AREA, TO WIT: THE DEFENDANT DID SURPASS THE LIMIT OF SLOW SPEED WHILE IN A MANATEE SANCTUARY ZONE, IN VIOLATION OF FLORIDA STATE STATUTE, 327.46(2). ON 052612 I, FLORIDA FISH AND WILDLIFE COMMISSION OFFICER MATTHEW STEELFOX, WAS ON PATROL WITH LIEUTENANT JOHN JONES, IN KINGS BAY. AT APPROXIMATELY 1800 HOURS, WE OBSERVED A VESSEL VIOLATING THE SLOW SPEED MANATEE SANCTUARY ORDINANCE, EAST OF BUZZARD ISLAND. I ACTIVATED MY BLUE LIGHTS, AND STOPPED THE VESSEL. DURING A VESSEL SAFETY INSPECTION, THE OPERATOR HAD EXCESSIVE MOVEMENT, FORGOT RESPOND TO CERTAIN REQUESTS, AND HAD BLOODSHOT, WATERY AND GLASSY EYES. THE DEFENDANT DID HAVE A MODERATE SMELL OF ALCOHOL EMANATING FROM HIS PERSON, AND HIS BALANCE WAS UNSTEADY. THE OPERATOR, IDENTIFIED BY HIS FLORIDAâS DRIVERâS LICENSE AS MR CHAD RAYMOND BASNEY, WAS ASKED IF HE WOULD PARTICIPATE IN A FIELD SOBRIETY TESTING, TO WHICH HE COMPLIED. I ASKED THE DEFENDANT TO STEP TO MY VESSEL, GIVEN THAT WE HAD MORE SPACE, TO WHICH HE COMPILED. AT THAT TIME I BEGAN SOBRIETY TESTING. THE DEFENDANT WAS READ THE PRE-TASK QUESTIONS AND GENERAL INSTRUCTIONS. TASK ONE: HORIZONTAL GAZE NYSTAGMUS. THE DEFENDANT WAS READ INSTRUCTIONS FROM A PREPARED TEXT, AND ADVISED THIS OFFICER THAT HE UNDERSTOOD THEM. THE DEFENDANT HAD LACK OF SMOOTH PURSUIT IN HIS LEFT AND RIGHT EYE, DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION, AND ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES. DURING THE TASK THE DEFENDANT COULD NOT KEEP HIS HEAD STILL AS INSTRUCTED. TASK TWO: FINGER TO NOSE. THE DEFENDANT WAS READ INSTRUCTIONS FROM A PREPARED TEXT, AND ADVISED THIS OFFICER THAT HE UNDERSTOOD THEM. THE DEFENDANT BEGAN THE TASK BEFORE INSTRUCTED AND DID NOT RETURN HIS FINGER TO HIS SIDE AS INSTRUCTED. THE DEFENDANT BEGAN THE TASK AT THE WRONG TIME, DID NOT TILT HIS HEAD, AND OPENED HIS EYE DURING THE TASK. TASK NUMBER THREE: PALM PAT. THE DEFENDANT WAS READ INSTRUCTIONS FROM A PREPARED TEXT, AND ADVISED THIS OFFICER THAT HE UNDERSTOOD THEM. THE DEFENDANT ROLLED HIS HANDS AND HAD IMPROPER PAT. THE DEFENDANT ALSO DID NOT INCREASE HIS SPEED, STOPPED BEFORE HE WAS TOLD TO DO SO, AND ALSO DID NOT COUNT EACH CONTACT. AT THAT TIME, WE MOVED TO THE RESIDENCE WHERE THE DEFENDANT WAS STAYING, AND CONDUCTED A SHORE TASK. TASK FOUR: WALK AND TURN. THE DEFENDANT WAS READ INSTRUCTIONS FROM A PREPARED TEXT AND ADVISED THIS OFFICER THAT HE UNDERSTOOD THEM. THE DEFENDANT DID NOT COUNT HIS STEPS AS INSTRUCTED, AND DID NOT GO HEEL TO TOE AS INSTRUCTED. FOR STEPS SIX, SEVEN, EIGHT AND NINE, THE DEFENDANT SIMPLY WALKED. THE DEFENDANT LOST HIS BALANCE DURING THE INSTRUCTIONS, STOPPED WHILE HE WAS WALKING, AND TOOK THE WRONG NUMBER OF STEPS. TASK FIVE: ONE LEG STAND. THE DEFENDANT WAS READ INSTRUCTION FROM A PREPARED TEXT, AND ADVISED THIS OFFICER THAT HE UNDERSTOOD THEM. THE DEFENDANT SWAYED WHILE BALANCING, PUT HIS FOOT DOWN DURING INSTRUCTIONS AND DURING THE TASK, AND DID NOT WATCH HIS FOOT AS INSTRUCTED. THE DEFENDANT WAS INSTRUCTED TO COUNT OUT LOUD WHILE BALANCING, BUT MISSED THE NUMBER TEN. AT THAT TIME, I INFORMED THE DEFENDANT THAT I HAD PROBABLE CAUSE TO BELIEVE THAT HE HAD BEEN OPERATING HIS VESSEL WHILE IMPAIRED. THE DEFENDANT, MR CHAD RAYMOND BASNEY, WAS THEN PLACED IN HANDCUFFS, DOUBLE LOCKED BEHIND HIS BACK. THE DEFENDANT WAS TRANSPORTED TO THE CRYSTAL RIVER ALE HOUSE, WHERE HE WAS THEN TURNED OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE. THE DEFENDANT WAS INFORMED THAT HE WOULD BE TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WOULD BE ASKED TO GIVE A LAWFUL TEST OF HIS BREATH. THE DEFENDANT REFUSED TO CONSENT TO THIS TEST. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS CHARGED WITH BOATING UNDER THE INFLUENCE, FIRST OFFENSE, AND VIOLATING A MANATEE SANCTUARY ZONE. THE DEFENDANT WAS ISSUED CITATION NUMBER V369049, FOR BOATING UNDER THE INFLUENCE, AND ALSO ISSUED CITATION NUMBER V369050, FOR VIOLATION OF A MANATEE SANCTUARY ZONE. THE DEFENDANT WAS GIVEN A COURT DATE OF 061412 AT 1300 HOURS. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. |
