| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR14-8934) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 020214, AT APPROXIMATELY 2132 HOURS, WHILE ON ROUTINE PATROL DRIVING SOUTHBOUND ON HIGHWAY 41 IN HERNANDO, I OBSERVED THE DEFENDANTâS VEHICLE THAT WAS ALSO TRAVELING SOUTHBOUND IN FRONT OF ME BEING OPERATED IN AN ERRATIC MANNER. IT WEAVED IN THE LANE AND AT ONE POINT CROSSED THE CENTER LANE, NEARLY STRIKING A VEHICLE IN THE NORTHBOUND LANE. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN AND INITIATED A TRAFFIC STOP ON THE VEHICLE, WHERE IT CAME TO A STOP AT HIGHWAY 41 AND LAKE PLACE. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR CHARLES BIGELOW, AT HIS VEHICLE. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, HIS SPEECH WAS SLURRED AND HIS EYES WERE BLOODSHOT AND GLASSY. I ASKED HOW MUCH HE HAD TO DRINK TONIGHT AND HE SAID THAT HE HAD THREE TO FOUR BEERS. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE, AT WHICH TIME HE ADVISED THAT HE WAS HANDICAPPED, BUT HE WOULD ATTEMPT TO EXIT THE VEHICLE. THE DEFENDANT OPENED THE DRIVERâS DOOR, WHERE I NOTICED LEG BRACES ON BOTH OF HIS LEGS. I THEN HAD HIM WALK TO THE REAR OF HIS VEHICLE. 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 THAT HE HAS LEG BRACES WHICH DO NOT ENABLE HIM TO WALK CORRECTLY. I THEN HAD HIM SIT ON THE REAR BUMPER OF HIS VEHICLE, WHERE I STARTED THE FIELD SOBRIETY TASKS 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. THE DEFENDANT WAS TOLD APPROXIMATELY FOUR TIMES TO NOT MOVE HIS HEAD. THE DEFENDANT STILL CONTINUED AND THEN FINALLY COMPLIED. DUE TO THE DEFENDANT HAVING BRACES ON HIS LEGS, THE WALK AND TURN TASK AND THE ONE LEG STAND TASK WERE NOT ABLE TO BE COMPLETED. TASK TWO, ROMBERG ALPHABET. I ASKED THE DEFENDANT IF HE READ AND WROTE THE ENGLISH LANGUAGE, AT WHICH TIME HE ADVISED THAT HE DID. DURING THIS TASK, THE DEFENDANT INCORRECTLY RECITED THE ALPHABET AS FOLLOWS: M N Q P S R T U Z. THE DEFENDANT WAS ADVISED TO TRY THE TASK AGAIN AND HE STILL CONTINUED TO INCORRECTLY RECITE THE ALPHABET BY STATING: Q T R S U V W X Z. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS LEFT HAND INSTEAD OF HIS RIGHT HAND AS INSTRUCTED AND TOUCHED THE RIGHT SIDE OF HIS NOSE INSTEAD OF THE TIP OF HIS NOSE AS INSTRUCTED. WHEN ASKED TO USE HIS LEFT HAND HE TOUCHED THE BOTTOM OF HIS NOSE. HE CONTINUED TO TOUCH THE SIDES OF HIS NOSE INSTEAD OF THE TIP AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS FRIEND, MR RICK MOORE. 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 WITH THE TEST. A REFUSAL FORM WAS FILLED OUT BY THE INTOXILYZER OPERATOR. 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 4239XDXZ, WITH A MANDATORY COURT APPEARANCE ON 022714 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5803GZP6, FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
