| Probable cause affidavit: |
SUBMITTED BY: DAVIS, JAMES 0525 (AR08105312) 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; ON 092008, WHILE SITTING STATIONARY AT DELTONA BOULEVARD and CITRUS SPRINGS BOULEVARD AND OBSERVING THE FOUR WAY STOP, I OBSERVED THE DEFENDANT'S VEHICLE ROLL THROUGH THE STOP SIGN WITHOUT COMING TO A STOP. AT THAT TIME I CONDUCTED A TRAFFIC STOP ON SAID VEHICLE. UPON CONTACT WITH THE DRIVER and PASSENGER, IT WAS DETERMINED that THE TWO OF THEM WERE HAVING SOME TYPE OF VERBAL DISPUTE. I ASKED THE FEMALE TO STEP OUT OF THE VEHICLE AND SPEAK WITH ME REGARDING THE DISPUTE. THE FEMALE STATED THAT THEY HAD JUST LEFT A PARTY WHERE THEY WERE BOTH DRINKING, AND ONE OF THE DEFENDANT'S FRIENDS HAD "HIT ON HER." I THEN ASKED FOR THE DRIVER/DEFENDANT, MR CHARLES MCDONELL, TO STEP BACK AND SPEAK WITH ME. UPON SPEAKING WITH THE DEFENDANT I DETECTED A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I THEN ASKED the DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. 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 HAD A BROKEN HIP A WHILE AGO. 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 COULD NOT STAND HEEL TO TOE, STEPPED OFF LINE, TOOK TEN STEPS ON the FIRST PHASE AND ON THE SECOND PHASE STEPPED OFF LINE and ALMOST FELL. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, ON the FIRST ATTEMPT THE DEFENDANT PLACED HIS FOOT DOWN, SWAYING AND LOSING HIS BALANCE. ON THE SECOND ATTEMPT the DEFENDANT PLACED HIS FOOT DOWN ON 1,015. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTION, WAS UNABLE TO TOUCH TIP OF FINGER TO NOSE, AND LEFT his FINGER THERE UPON ASKING HIM TO TOUCH HIS NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH HIS GIRLFRIEND AND TURNED OVER TO A FRIEND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY FULLER WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTIONS STAFF. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. I MADE CONTACT WITH THE BREATH INTOXILYZER OPERATOR WHO STATED that HE ATTEMPTED TO GIVE THE DEFENDANT FOUR CHANCES TO PROPERLY BLOW IN TO THE MACHINE, WHICH the DEFENDANT DID NOT BLOW HARD ENOUGH FOR IT TO REGISTER. 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 NUMBER7059-XDO, WITH A MANDATORY COURT APPEARANCE ON 100908 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A TRAFFIC WARNING NUMBER 230531B, FOR FAILURE TO STOP AT A STOP SIGN. *NOT-EXEMPT* |
