| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, JASON 0583 (AR08105239) 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 091608 AT APPROXIMATELY 1848 HOURS, WHILE TRAVELING WEST ON WEST DUNNELLON ROAD I OBSERVED A 1989 FORD RANGER PICKUP TRUCK BEARING FL LICENSE PLATE NUMBER K447NC FAILING TO MAINTAIN A SINGLE LANE AND ALSO OBSERVED THE VEHICLE PASSENGER TAIL LIGHT LENS TO BE CRACKED EMITTING WHITE LIGHT. AT WHICH TIME, I THEN INITIATED A TRAFFIC STOP ON WEST DUNNELLON ROAD JUST WEST OF NORTH SHANNON AVENUE. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER OF THE VEHICLE, AND ASKED HIM FOR HIS LICENSE REGISTRATION AND PROOF OF INSURANCE, I THEN OBSERVED THE DEFENDANT TO HAVE SLURRED SPEECH AND A STRONG ODOR OF ALCOHOL BEVERAGE EMITTING FROM HIS BREATH. WHILE OBTAIN THE DEFENDANT'S DRIVERS LICENSE, REGISTRATION, AND PROOF OF INSURANCE I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES TODAY. AT WHICH TIME, THE DEFENDANT ADVISED THAT HE HAD A COUPLE OF BEERS AT LUNCH TIME TODAY. I THEN ASKED THE DEFENDANT HOW MANY A COUPLE OF BEERS WERE. THE DEFENDANT THEN ADVISED THIS DEPUTY THAT HE HAD HAD TWO BEERS. I THEN RETURNED TO MY PATROL VEHICLE, AT WHICH TIME I ADVISED DISPATCH THAT I WAS GOING TO NEED BACKUP REFERENCE TO A POSSIBLE DRUNK DRIVER. WHILE WAITING FOR MY BACKUP, I FILLED OUT WRITTEN WARNING 230023B FOR FAILURE TO MAINTAIN A SINGLE LANE. I ALSO FILLED OUT UNIFORM TRAFFIC CITATION 9027-CPQ FOR IMPROPER OR UNSAFE EQUIPMENT (CRACKED PASSENGER TAIL LIGHT LENS COVER). UPON DEPUTY TACKETT'S ARRIVAL AT MY ABOVE LOCATION I THEN ASKED THE DEFENDANT IF HE WOULD STEP OUT OF HIS VEHICLE AND PERFORM A COUPLE OF FIELD SOBRIETY TESTS TO DETERMINE IF HE WAS DRIVING OVER THE LEGAL LIMIT. AT THAT TIME, THE DEFENDANT ADVISED THAT HE WOULD AND HE THEN STEPPED OUT OF HIS VEHICLE. I THEN ASKED THE DEFENDANT IF HE HAD ANY MEDICAL PROBLEMS THAT WOULD HINDER HIS ABILITY TO CONDUCT THESE FIELD SOBRIETY TESTS. AT THAT TIME, THE DEFENDANT THEN ADVISED THIS DEPUTY THAT HE HAD BROKEN HIS LEFT ANKLE APPROXIMATELY THREE TIMES, BUT HE WOULD BE ABLE TO PERFORM THESE TESTS. TASK ONE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT HE DID UNDERSTAND THE TEST. WHILE EXPLAINING THE TEST TO THE DEFENDANT THE DEFENDANT HAD ALREADY STARTED CONDUCTING THE TEST WITHOUT BEING INSTRUCTED TO DO SO. AFTER THE DEFENDANT WAS INSTRUCTED TO START THE TASK, THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS LEFT INDEX FINGER TO THE TIP OF HIS NOSE. WHEN THE DEFENDANT WAS ASKED TO TOUCH THE TIP OF HIS RIGHT INDEX FINGER TO THE TIP OF HIS NOSE THE DEFENDANT WAS ALSO UNABLE TO TOUCH THE TIP OF HIS RIGHT INDEX FINGER TO THE TIP OF HIS NOSE. THE DEFENDANT ALSO LEFT HIS RIGHT INDEX FINGER TO THE TIP OF HIS NOSE. AFTER HE HAD ALREADY BEEN INSTRUCTED THAT ONCE HE TOUCHED THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE THAT HE WAS SUPPOSED TO RETURN THAT HAND OUT PARALLEL TO THE GROUND. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO MAINTAIN HIS BALANCE AFTER COUNTING TO SEVEN MISSISSIPPI. THE DEFENDANT WAS ADVISED THAT IF HE WAS UNABLE TO MAINTAIN HIS BALANCE THAT HE COULD REGAIN HIS BALANCE BY PLACING THAT FOOT BACK ONTO THE GROUND AND THEN TO RAISE THE SAME FOOT BACK UP SIX INCHES ABOVE THE GROUND AND START COUNTING FROM WHERE HE HAD LEFT OFF. WHEN THE DEFENDANT RAISED HIS LEFT FOOT BACK UP APPROXIMATELY SIX INCHES ABOVE THE GROUND THE DEFENDANT FAILED TO COUNT PROPERLY AND GAVE UP ON THIS FIELD SOBRIETY TEST. IT SHOULD BE NOTED THAT SINCE THE DEFENDANT HAD ADVISED THIS DEPUTY TO PRIOR FRACTURES OF HIS LEFT ANKLE THIS DEPUTY ASKED THE DEFENDANT IF HE WOULD STILL BE ABLE TO CONDUCT THIS TASK BY BALANCING ON HIS RIGHT FOOT AND LIFTING HIS LEFT FOOT ABOVE THE GROUND, IN WHICH THE DEFENDANT STATED YES HE WOULD HAVE NO PROBLEM IN CONDUCTING THIS TEST. TASK THREE, THE RHOMBERG ALPHABET TEST. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT IF HE HAD GRADUATED HIGH SCHOOL, TO WHICH HE STATED YES. I ALSO ASKED THE DEFENDANT WHAT HIS MAIN LANGUAGE THAT HE SPOKE WAS, TO WHICH HE STATED ENGLISH. DURING THIS TASK, THE DEFENDANT FAILED TO STATE THE ALPHABET AND WAS SINGING THE ALPHABET, WHICH HE WAS INSTRUCTED NOT TO DO. WHEN THE DEFENDANT GOT TO THE LETTER "G" HE IMMEDIATELY SKIPPED TO THE LETTER "O" AND THEN GAVE UP ON THIS TEST. AT THAT TIME, I ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE, AND TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. UPON OUR ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS READ HIS MIRANDA WARNING FROM A PREPRINTED CARD HE 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 WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE DEFENDANT'S WIFE, WHO WAS THE PASSENGER IN THE VEHICLE DURING THE TRAFFIC STOP, WHO WAS ALSO INTOXICATED AND UNABLE TO DRIVE. DEPUTY TACKETT STAYED WITH HER UNTIL SOMEONE WAS ABLE TO PICK HER UP. 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 4102-XDX WITH A MANDATORY COURT APPEARANCE OF 092208 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9027-CPQ, FOR IMPROPER SAFETY EQUIPMENT (CRACKED TAIL LIGHT LENS COVER) WITH A $78.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
