| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR14-10959) 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 062814 AT 0221 HOURS, I WAS TRAVELING NORTH BOUND ON LECANTO HIGHWAY APPROACHING WEST WOODVIEW LANE. THE WEATHER CONDITIONS WERE CLEAR WITH NO WIND. THE ROADWAY WAS DRY AND FREE FROM ANY OBVIOUS DEFECTS. THERE WERE NO STREET LIGHTS IN THE AREA. AT THAT TIME, I OBSERVED A SMALL WHITE PICK UP TRUCK DRIVING SOUTH BOUND ON LECANTO HIGHWAY IN THE OUTSIDE LANE WITH NO LIGHTS. I TURNED AROUND, ACTIVATED MY EMERGENCY WARNING LIGHTS AND PULLED BEHIND THE TRUCK. AT THAT TIME, THE TRUCK LIGHTS CAME ON AND THEN PULLED ONTO THE SIDEWALK AT A DRIVEWAY CUT OUT. I APPROACHED THE DRIVER SIDE OF THE TRUCK AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR CHARLES GIBSON JR. I REQUESTED MR GIBSON PROVIDE ME WITH HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. HE FUMBLED THROUGH HIS WALLET AND WAS ABLE TO PROVIDE HIS DRIVER'S LICENSE. I AGAIN REQUESTED MR GIBSON PROVIDE ME WITH HIS VEHICLE REGISTRATION AND HE PROVIDED ME WITH AN AMERICAN INSURANCE COMPANY CARD. I AGAIN REQUESTED MR GIBSON PROVIDE ME WITH THE REGISTRATION AND HE PROVIDED ME AN APPLICATION FOR TITLE ALONG WITH ANOTHER PIECE OF PAPER. I TOLD MR GIBSON THAT THE DOCUMENT HE PROVIDED WAS THE APPLICATION FOR TITLE AND HE PUT THE PAPERWORK DOWN ON THE PASSENGER SEAT. AT THAT TIME, I OBSERVED THE OTHER PIECE OF PAPER TO BE THE VEHICLE REGISTRATION. I TRIED SEVERAL TIMES TO EXPLAIN TO MR GIBSON THE REGISTRATION WAS UNDER THE APPLICATION FOR TITLE BUT HE DID NOT UNDERSTAND WHAT I WAS TRYING TO TELL HIM. WHILE SPEAKING WITH MR GIBSON JR, I OBSERVED HIS EYES TO BE WATER AND GLASSY, HIS EYELIDS DROOPY, HIS SPEECH SLURRED AND HE APPEARED SLIGHTLY CONFUSED ALONG WITH A MODERATE ODOR OF ALCOHOL ON HIS PERSON. I RETURNED TO MY PATROL VEHICLE AND HAD DISPATCH CONDUCT A WANTS AND WARRANTS CHECK WHICH MET WITH NEGATIVE RESULTS. I RETURNED TO THE DRIVER SIDE OF MR GIBSON'S VEHICLE AND ASKED HIM TO STEP FROM THE VEHICLE. MR GIBSON COMPLIED AND I ASKED HIM THE PRE SCREENING MEDICAL QUESTIONS AND MR GIBSON INDICATED HE HAD NO KNOWN MEDICAL ISSUES. I ALSO ASKED IF HE CONSUMED ANY ALCOHOLIC BEVERAGES OR ANY PILLS AND HE STATED NO. 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 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 LOST HIS BALANCE AT THE START, FAILED TO TOUCH HEEL TO TOE ON STEP ONE, STEPPED OFF THE LINE ON THREE AND SEVEN AND AGAIN STEPPED OFF THE LINE AT STEP TWO, THREE, SIX AND EIGHT. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LEFT-TOUCHED TIP WITH SECOND FINGER JOINT, FAILED TO RETURN ARM TO SIDE, RIGHT-TOUCHED UNDER, FAILED TO RETURN TO SIDE. THIS TASK WAS AGAIN EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND DURING THIS TASK, THE DEFENDANT LEFT-TOUCHED TIP WITH SECOND FINGER JOINT, RIGHT-TOUCHED THE TIP, LEFT-TOUCHED TIP WITH SECOND FINGER JOINT, RIGHT- TOUCHED TIP WITH SECOND FINGER JOINT, RIGHT- TOUCHED TIP WITH SECOND FINGER JOINT, LEFT-TOUCHED TIP. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON COUNT THREE. WHEN ASKED IF HE UNDERSTOOD THE TASK HE STATED NO. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AGAIN. DURING THIS TASK, HE PUT HIS FOOT DOWN ON COUNT THREE, FAILED TO COUNT 12, COUNTED 14 TWICE, LOST BALANCE AT 12 AND USED HIS ARMS OVER SIX INCHES. DURING THIS TASK, THE DEFENDANT IN ATTEMPT TO NOT TOUCH HIS RAISED FOOT, BENT THE LEG HE WAS STANDING ON AND CONTINUED TO GET CLOSER AND HAD HIS RIGHT HAND ABOVE HIS HEAD "KARATE KID STYLE" I THEN REQUESTED MR GIBSON TO WALK AND STAND IN FRONT OF MY PATROL VEHICLE TO WHICH HE COMPLIED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY MULLINS TO WAIT FOR PRECISION TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO CORRECTIONAL OFFICER SIBILIA WHERE HE WAS READ HIS IMPLIED CONSENT. CORRECTIONAL OFFICER SIBILIA INFORMED ME THAT THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AND PROVIDED THE SUPPORTING PAPERWORK. 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, CITATION NUMBER 8760XBI WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A1UQF1E, FOR DRIVING WITHOUT LIGHTS, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
