| Probable cause affidavit: |
SUBMITTED BY: FHP TROOPER ROBERT FRIESEN 0879 (AR13-5990) 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(1). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT DID HIT WITH HIS VEHICLE LANDSCAPING IN VICTIMâS YARD, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 061013 AT 0628 HOURS, I SWITCHED HATS FROM A CRASH INVESTIGATOR TO A CRIMINAL INVESTIGATOR FOR DRIVING UNDER THE INFLUENCE (DUI) CASE AND I INFORMED THE DEFENDANT, MR CHRISTOPHER M RAYMOND. THE DEFENDANT AND HE AGREED TO TAKE SOME TESTS. UPON MY ARRIVAL, WHEN I WAS SPEAKING WITH THE DEFENDANT I COULD SMELL AND ODOR OF ALCOHOL COMING FROM HIS BREATH AND HE HAD BLOODSHOT WATERY EYES. HIS VEHICLE WAS STUCK ON TOP OF A TELEPHONE POST IN THE VICTIMâS YARD. THE WHEEL WITNESS WAS DEPUTY MULLINS OF THE CITRUS COUNTY SHERIFF'S OFFICE. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS WALKED 13 STEPS DOWN AND 14 STEPS BACK, DID NOT DO TURN CORRECTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED OUT WITH LEFT LEG THEN WENT TO HIS RIGHT LEG SWAYING WHILE COMPLETING THE TASK. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLYâS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .099 AND .095. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00, BOND PER THE BOND SCHEDULE, FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A $500.00 BOND, PER THE BOND SCHEDULE AND FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED WITH A $250.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED THE FOLLOWING CITATIONS: FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7937-XBO-3, A FLORIDA DUI PROPERTY DAMAGE CITATION NUMBER 8016WQJ AND A FLORIDA TRAFFIC CITATION FOR DRIVING WHILE LICENSE SUSPENDED, CITATION NUMBER 8017WQJ. |
