| Date of birth: | Apr 9, 1980 |
| Probable cause affidavit: | SUBMITTED BY: PAUL, MATTHEW (AR09107264) 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 011909 AT 1638 HOURS, I RESPONDED TO THE AREA OF WEST YULEE DRIVE IN HOMOSASSA, IN REFERENCE TO A VEHICLE CRASH THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT AND THE OTHER DRIVER AND INVESTIGATED THE CRASH. WHILE I WAS INVESTIGATING THE TRAFFIC CRASH I NOTICED THAT THE DEFENDANT HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. HE WAS ALSO HAVING A DIFFICULT TIME STANDING STILL AND HAD TOLD ME TWO DIFFERENT VERSIONS OF WHAT HE THOUGHT HAD OCCURRED DURING THE CRASH. BOTH VERSIONS OF WHICH WERE NOT ANYWHERE CLOSE TO WHAT THE OTHER DRIVER AND WITNESS HAD TOLD ME. AFTER COMPLETING THE TRAFFIC CRASH INVESTIGATION I INFORMED THE DEFENDANT THAT THE INVESTIGATION WAS COMPLETE AND THAT I WOULD BE CONDUCTING A POSSIBLE CRIMINAL INVESTIGATION FOR SUSPICIONS OF DRIVING UNDER THE INFLUENCE (DUI). I REQUESTED THE DEFENDANT TO SUBMIT TO SOBRIETY TASKS IN ORDER FOR ME TO DETERMINE HIS CURRENT STATE OF SOBRIETY. THE DEFENDANT AGREED TO ATTEMPT THE TASKS. THE DEFENDANT ORIGINALLY HAD TOLD ME THAT HE HAD ABSOLUTELY NO ALCOHOLIC BEVERAGES ON THIS DATE AND WHEN I TOLD HIM THAT I COULD SMELL IT COMING OFF OF HIS BREATH HE THEN STATED THAT HE HAD HAD ONE MIXED DRINK EARLIER IN THE DAY. 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. THE DEFENDANT DID MOVE HIS HEAD SLIGHTLY DURING THIS TASK. AFTER HORIZONTAL NYSTAGMUS WAS CHECKED VERTICAL NYSTAGMUS WAS ALSO CHECK AND THERE WAS NYSTAGMUS WHILE THE DEFENDANT ATTEMPTED TO FOLLOW THE STIMULUS VERTICALLY. TASK TWO, ON LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO WATCH HIS FOOT. AS HE COUNTED HE DID PLACE HIS FOOT DOWN AT ONE POINT AND PICKED IT BACK UP. I THEN DEMONSTRATED THE TASK AGAIN FOR THE DEFENDANT REMINDING HIM TO KEEP HIS EYE ON HIS TOE THAT WAS ELEVATED. WHEN THE DEFENDANT ATTEMPTED THE TASK AGAIN HE STARTED COUNTING WITH HIS FOOT ON THE GROUND. THE DEFENDANT WAS THEN ABLE TO SUCCESSFULLY LIFT HIS FOOT AND COUNTED TO 20 ONE THOUSAND. TASK THREE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THIS TASK THREE TIMES. EACH TIME THE DEFENDANT RHYMED THE ALPHABET AFTER BEING TOLD NOT TO RHYME ON THREE SEPARATE OCCASIONS. ON THE SECOND ATTEMPT THE DEFENDANT STATED "A B Z" AND THEN CONTINUED. THE DEFENDANT HAD HIS EYES OPEN DURING THIS TASK AND DID NOT COMPLETE THE TASK AS INSTRUCTED. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS LEFT FINGER ON HIS NOSE AND THEN FAILED TO PLACE IT BACK DOWN TO HIS SIDE AS INSTRUCTED. THE DEFENDANT STAYED IN THE POSITION FOR SOME TIME BEFORE OPENING HIS EYES AND BEING TOLD TO PUT HIS HAND DOWN. I THEN EXPLAINED THIS TASK AGAIN TO THE DEFENDANT AND REMINDED HIM TO PLACE HIS HAND BACK DOWN AFTER TOUCHING HIS NOSE. THE DEFENDANT AGAIN TOUCHED HIS NOSE WITH HIS LEFT FINGER AND LEFT IT THERE UNTIL HE WAS TOLD TO PUT HIS HAND BACK AT HIS SIDE. THE DEFENDANT DID NOT COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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 WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .277 AND .272. 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 8206-XBD WITH A MANDATORY COURT APPEARANCE OF 020509 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0327-RPA, FOR CARELESS DRIVING WITH A $141.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Status: | In Jail Unavailable For Transfer |
| Next parole hearing: | 8/05/2008 |
| Maximum parole discharge date: | Oct 20, 2014 |
| Arrest date: | Jan 19, 2009 |
| Booking number: | 09107264 |
| Booking location: | Citrus County, FL |
| Booking number: | 30444-2 |
| Release date: | Oct 22, 2011 |
| Booking location: | Fayette County, WV |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
| Sentencing county: | Mercer |
| Order number: | 02-F-112-DS |
| Order date: | Feb 2, 2007 |
| Offense s: | Grand Larceny (1 count) |
