| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR10116296) 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 081210 AT APPROXIMATELY 2030 HOURS, WHILE TRAVELING SOUTH ON LINE AVENUE, I OBSERVED A PICK-UP TRUCK DRIVING OFF OF STATE ROAD 44/MAIN STREET ONTO LINE AVENUE DRIVING IN MY LANE. HE CAME WIDE AROUND THE CURVE ACROSS ALL THREE LANES AND THEN CORRECTED BACK TOWARDS HIS PROPER LANE. I STOPPED TO ALLOW HIM TO FINISH HIS MANEUVERING AND THEN TURNED AROUND AND INITIATED A TRAFFIC STOP BY ACTIVATING MY OVERHEAD LIGHT. THE DEFENDANT'S VEHICLE INSTEAD OF PULLING OFF OF THE MAIN ROAD ON TOMPKINS ONTO A SIDE ROAD OR PULLING OFF OF THE ROAD ON TOMPKINS, THE DRIVER DECIDED TO STOP IN THE INTERSECTION. I ADVISED HIM THREE TIMES ON THE INTERCOM TO EITHER MOVE HIS VEHICLE OFF OF TOMPKINS OR THROUGH THE INTERSECTION OFF TO THE EDGE OF THE ROAD. AFTER THE VEHICLE WAS STOPPED, I MADE CONTACT THROUGH THE PASSENGER WINDOW SPEAKING TO THE DRIVER ASKING FOR HIS DRIVER'S LICENSE AND REGISTRATION. THE DRIVER FUMBLED WITH HIS PAPERWORK AND WAS SLURRING HIS WORDS AND STUTTERING. THE DRIVER APPEARED TO HAVE A GLAZED LOOK IN HIS EYES WHILE HIS 14 YEAR OLD SON WAS IN THE FRONT PASSENGER SEAT AND HIS 9 YEAR OLD DAUGHTER WAS IN THE BACK SEAT. I INQUIRED SEVERAL TIMES OF THE DRIVER DUE TO HIS SPEECH IF HE WAS FEELING OKAY, AND HE ADVISED THAT HE WAS. I ALSO ASKED IF THE DRIVER HAD BEEN DRINKING, AND TO THIS HE STATED THAT HE HAD NOT. HE ADVISED HE WAS COMING FROM FLORAL CITY MULTIPLE TIMES. THE MALE PASSENGER HAD TWO SHIRTS ON AND THE DRIVER ONLY HAD ONE SHIRT ON, BUT THE DRIVER WAS SWEATING PROFUSELY. I HAD THE DRIVER STEP OUT OF THE VEHICLE TO ASCERTAIN MORE ABOUT HIS MEDICAL CONDITION. IN THIS LOCATION ON THE SIDEWALK, THE DRIVER ADVISED HE WOULD PARTICIPATE IN ANY FIELD SOBRIETY TASKS. IT SHOULD BE NOTED, WHILE WALKING TO MY LOCATION THE DRIVER HAD A SIDEWAYS GAIT TO HIS WALKING AND APPEARED TO LOSE BALANCE WHILE MAKING THE TURN AROUND HIS VEHICLE. ON THE SIDEWALK, 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 HAS POST TRAUMATIC STRESS DISORDER. IN SPEAKING WITH THE DEFENDANT I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. THE DEFENDANT CONTINUED TO SWAY WHILE SPEAKING WITH ME AT THIS LOCATION. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT ADVISED THAT HE HAD AN EYE INJURY. 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, AND HE ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS BALANCE. HE STEPPED OFF THE LINE MORE THAN THREE TIMES GOING AWAY FROM ME AND ON HIS RETURN BACK. HE MISSED HEEL TO TOE MORE THAN THREE TIMES, RAISED HIS ARMS TO KEEP HIS BALANCE, AND FAILED TO LOOK DOWN AT HIS FEET. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND HE ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS FOOT OFF OF THE GROUND FOR MORE THAN FIVE SECONDS AND REPEATEDLY HAD TO START THIS TASK OVER. THE DEFENDANT WAS GIVEN THE CHANCE TO TURN AROUND AND REBALANCE HIMSELF, AND AFTER A TOTAL OF FIVE ATTEMPTS WE MOVED ON TO THE NEXT TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND THE DEFENDANT ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS. THE DEFENDANT WAS UNABLE TO COMPLETE THIS TASK; HE WOULD RAISE HIS FINGER TO HIS NOSE AND LEFT HIS FINGER ON HIS NOSE AND WOULD NOT PUT HIS ARM DOWN UNTIL TOLD TO DO SO. AFTER THREE ATTEMPTS THIS TASK ALSO WAS DISCONTINUED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE CHILDREN AND THE VEHICLE WERE TURNED OVER TO THE DEFENDANT'S WIFE WHO ARRIVED ON SCENE. THE DEFENDANT WAS HANDCUFFED AND SEARCHED AND SECURED IN THE REAR SEAT OF MY 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 BREATH WITH THE TEST RESULTS BEING .120 AND .135. 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 2217XBG2 WITH A MANDATORY COURT APPEARANCE OF 090210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1681WBN1, FOR FAILURE TO MAINTAIN LANE (316.089) WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
