| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11118738) 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 010811, WHILE RUNNING TRAFFIC ON 41 SOUTH, I WAS TRAVELLING NORTH HIGHWAY 41 JUST NORTH OF MOSSY OAK DRIVE IN INVERNESS. WHEN I OBSERVED A VEHICLE TRAVELLING SOUTHBOUND IN THE NORTHBOUND LANE. I IMMEDIATELY ACTIVATED MY OVERHEAD LIGHTS AND TRIED TO GET OUT OF THE VEHICLE'S WAY TO AVOID AN ACCIDENT. I THEN TURNED AROUND ON SAID VEHICLE AND DUE TO ACTIVATING MY OVERHEAD LIGHTS THE OTHER VEHICLES TRAVELLING NORTHBOUND ON HIGHWAY 41 IMMEDIATELY PULLED OUT OF THIS DEPUTIES WAY SO THAT A TRAFFIC STOP COULD BE PERFORMED ON THAT VEHICLE. THE VEHICLE WAS A BLACK SATURN SUV BEARING NEW YORK TAG DNJ6143. UPON MAKING CONTACT WITH THE DRIVER/OPERATOR LATER IDENTIFIED AS MR CHARLES FREELAND BY HIS NEW YORK DRIVER'S LICENSE, THIS DEPUTY INITIALLY THOUGHT THAT THE DRIVER WAS CONFUSED DUE TO NOT BEING FROM THE AREA. I THEN EXPLAINED TO THE DRIVER THAT WE NEEDED TO MOVE HIS VEHICLE OUT OF THE NORTHBOUND LANE . HE THEN DROVE HIS VEHICLE TO THE ENTRANCE OF THE OUR LADY OF FATIMA CHURCH AND STOPPED. I THEN APPROACHED THE VEHICLE AGAIN AND OBTAINED THE DRIVER'S LICENSE FROM MR FREELAND. I THEN BASED ON HIS SLOW REACTION AND DEMEANOR ASKED HIM IF HE WAS DIABETIC TO WHICH HE HAD ADVISED HE WAS. I THEN, BASED ON THIS INFORMATION, CONTACTED DISPATCHED WHO IN TURN HAD EMERGENCY MEDICAL SERVICES (EMS) RESPOND TO MY LOCATION TO DETERMINE WHETHER OR NOT MR FREELAND WAS HAVING A DIABETIC ISSUE. MR FREELAND WAS SLOW TO REACT; HOWEVER, THIS DEPUTY COULD NOT SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE ABOUT HIS PERSON DUE TO THE WIND CONDITIONS AND WHERE I WAS STANDING. THE EMERGENCY MEDICAL SERVICES (EMS) PERFORMED A CHECK ON MR FREELAND'S BLOOD AND DETERMINED THAT HIS SUGAR WAS AT A NORMAL LEVEL. THEY WERE ALSO ABLE TO DETERMINE THAT MR FREELAND WAS NOT IN FACT A DIABETIC. 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. THIS DEPUTY COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT'S BREATH. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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 COULD NOT FOLLOW INSTRUCTIONS, LOST HIS BALANCE AND TOOK AN INCORRECT NUMBER OF STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON COUNT NUMBER 9 AND WAS UNABLE TO COMPLETE THIS TASK. TASK FOUR FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ABLE TO COMPLETE THIS TASK SUCCESSFULLY. TASK FIVE ROMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND THE DEFENDANT WAS ASKED WHAT GRADE HE HAD COMPLETED IN SCHOOL AND HE STATED COLLEGE. THE DEFENDANT THEN STARTED THE ALPHABET FROM A TO Q, R , F AND THEN COMPLETED THE ALPHABET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 COULD NOT GIVE A DEFINITIVE ANSWER IF HE WOULD OR NOT. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S IN INVERNESS TO THEIR IMPOUND LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .161 AND .164. 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 4418XDX2 WITH A MANDATORY COURT APPEARANCE ON 012711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING CITATION NUMBER 315030B, FOR FOR DRIVING WRONG SIDE OF DIVIDED HIGHWAY OF RIGHT OF WAY. THERE WAS AN IN CAR VIDEO TAKEN OF THE ENTIRE INCIDENT WHICH WILL BE PLACED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "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* |
