| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL (AR09111680) 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 110109, I WAS DISPATCHED TO THE GRIFF'S BAR IN INVERNESS IN REFERENCE TO A PHYSICAL ALTERCATION. JUST PRIOR TO OUR ARRIVAL, WE WERE CANCELLED, WITH THE COMPLAINANT ADVISING THAT THEY WOULD CONTACT US BACK IF THEY NEEDED THE SHERIFF'S OFFICE ASSISTANCE. THIS DEPUTY, ALONG WITH DEPUTIES HOLLOWAY, CREEL AND CULBERTSON, DID A SECURITY CHECK ON THE PARKING LOT TO ENSURE THAT ALL THE PARTIES INVOLVED IN THE PHYSICAL ALTERCATION HAD LEFT THE AREA. WHILE DEPUTY CREEL WAS STANDING AT THE FRONT OF THE BUSINESS, A WHITE CHEVY FOUR DOOR VEHICLE, BEARING FLORIDA TAG, V559KW, BACKED OUT OF A PARKING SPACE, SUBSEQUENTLY BACKING INTO THE VEHICLE BEHIND IT THAT WAS LEGALLY PARKED. THIS DEPUTY THEN MADE CONTACT WITH THE DRIVER OF THE VEHICLE IN QUESTION TO MAKE SURE THAT EVERYONE WAS OKAY. THERE DID NOT APPEAR TO BE ANY DAMAGE TO EITHER VEHICLE. WHEN I MADE CONTACT WITH THE DRIVER OF THE WHITE CHEVY, HE APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. HE WAS VERY SLOW TO RESPOND TO THE QUESTIONS THIS DEPUTY WAS ASKING HIM, AND I COULD SMELL THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. WHEN ASKED IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, HE SAID THAT HE HAD. THE DEFENDANT WAS LATER IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR CHARLES NELSON. THE DEFENDANT WAS ASKED TO STEP OUT OF HIS VEHICLE AND TO PROVIDE HIS DRIVER'S LICENSE TO THIS DEPUTY. THE DEFENDANT HAD IMMEDIATE PROBLEMS WITH HIS BALANCE UPON EXITING HIS VEHICLE, AND COULD NOT READILY LOCATE HIS WALLET AND DRIVER'S LICENSE. HE LATER DISCOVERED BOTH HIS LICENSE AND HIS WALLET IN HIS POCKET. I THEN ASKED THE DEFENDANT TO WALK TO THE ADJOINING PARKING LOT AT JOE'S RESTAURANT, AT WHICH POINT HE WAS ASKED IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES THAT WOULD PREVENT HIM FROM TAKING A FIELD SOBRIETY TEST, TO WHICH HE REPLIED HE DID NOT. 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 WAS UNABLE TO COMPLETE THE TASK OF SIMPLY WALKING HEEL TO TOE AND HAD TO STOP SEVERAL TIMES TO REGAIN HIS BALANCE. HE DID STOP AT ONE POINT AND STATE, "I HAVE HAD TOO MANY BEERS". TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT DO THIS TASK, LOST HIS BALANCE, AND HAD TO BE ASSISTED BY DEPUTY HOLLOWAY TO REGAIN HIS BALANCE. TASK FOUR, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW INSTRUCTIONS, MISSING TOUCHING THE TIP OF HIS NOSE WITH HIS FINGERS SEVERAL TIMES. AT THAT TIME, THE DEFENDANT ADVISED THAT HE REFUSED TO DO ANY MORE FIELD SOBRIETY TESTS. SHORTLY THEREAFTER, THE DEFENDANT WAS ARRESTED FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF DEPUTY HOLLOWAY'S AGENCY PATROL VEHICLE. 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/HER BREATH WITH THE TEST RESULTS BEING .209 AND .203. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE. 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, NUMBER 3057-XDQ, WITH A MANDATORY COURT APPEARANCE OF 111909 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, NUMBER 270002B, FOR IMPROPER BACKING. *NOT-EXEMPT* |
