| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR15-13336) 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(1). ON 010115 AT APPROXIMATELY 0150 HOURS, I WAS DISPATCHED TO THE INTERSECTION OF NORTH PERCALE TERRACE AND WEST DISNEY LANE, IN DUNNELLON, IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL, I OBSERVED A RED TOYOTA PICK UP TRUCK ON THE EAST SIDE OF THE ROAD IN THE WOOD LINE, WHERE IT CAME TO REST AFTER STRIKING A POWER POLE. THE POWER POLE WAS SNAPPED IN HALF AND ONLY BEING HELD IN PLACE BY THE ELECTRICAL WIRES. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR CHARLES CONTOPOULO, WHO STATED THAT THE VEHICLE HAD ââGOTTEN SQUIRRELY.ââ I COMPLETED THE TRAFFIC CRASH INVESTIGATION AND PROVIDED THE DEFENDANT WITH A COPY OF THE CASE NUMBER. I THEN MADE CONTACT WITH THE WITNESS, MR ANTHONY CROSBY, WHO RESPONDED AS A VOLUNTEER FIREFIGHTER TO THE SCENE. MR CROSBY ADVISED THAT UPON HIS ARRIVAL ON SCENE, THE DEFENDANT WAS BEHIND THE WHEEL OF THE RED PICK UP TRUCK ATTEMPTING TO LEAVE THE SCENE, BUT THE VEHICLE WAS STUCK. I MADE CONTACT WITH MR CONTOPOULO AND ADVISED HIM THAT I HAD COMPLETED THE CIVIL TRAFFIC CRASH INVESTIGATION AND WAS OPENING A CRIMINAL INVESTIGATION OF THE POSSIBILITY OF HIM DRIVING UNDER THE INFLUENCE. 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 DID NOT. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT HAD DIFFICULTY MAINTAINING HIS BALANCE IN THE START POSITION AS INSTRUCTED. DURING THIS TASK, THE DEFENDANT FAILED TO PLACE HIS HEEL TO TOE PROPERLY IN EVERY STEP OF THE EXERCISE; DESPITE BEING REMINDED TO DO SO. HE HAD DIFFICULTY MAINTAINING HIS BALANCE THROUGHOUT THE EXERCISE, STEPPED OFF THE LINE SEVERAL TIMES, DID NOT PERFORM THE CORRECT NUMBER OF STEPS AND INSTEAD TOOK TEN STEPS DESPITE THE INSTRUCTED NINE STEPS DURING BOTH SERIES OF THE TASK, AND ADDITIONALLY PERFORMED HIS TURN INCORRECTLY BEFORE THE SECOND SET OF STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS LEG LIFTED LONGER THAN A COUNT OF THREE ONE THOUSAND, HAD DIFFICULTY MAINTAINING HIS BALANCE, AND FAILED TO BEGIN HIS COUNT FROM WHERE HE HAD LEFT OFF AFTER PLACING HIS FOOT DOWN. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00, BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8842BI, WITH A MANDATORY COURT APPEARANCE THAT IS TO BE DETERMINED. |
