| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR11123863) 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 WITH TWO PREVIOUS CONVICTIONS, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B)(1); DID, KNOWING HIS DRIVER'S 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 WITH TWO PRIOR CONVICTIONS OF SAID OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C). ON 120911 WHILE TRAVELLING SOUTH ON NORTH SUNCOAST BOULEVARD NEAR WEST GODFREY LANE, I OBSERVED A FULL SIZE WHITE VAN PULL OUT OF A VACANT BUSINESS ONTO WEST GODFREY LANE, THEN GO THROUGH THE STOP SIGN AT NORTH SUNCOAST BOULEVARD WITH NO ATTEMPT TO STOP. THE VAN TURNED RIGHT AND TRAVELLED NORTH ON NORTH SUNCOAST BOULEVARD AND I TURNED AROUND AND ATTEMPTED TO CATCH THE VEHICLE. AS I CAUGHT UP TO THE VEHICLE, I NOTICED THAT IT WAS SWERVING WITHIN ITS LANE AND LEFT ITS LANE ON TWO OCCASIONS. I THEN INITIATED A TRAFFIC STOP AND THE VEHICLE PULLED INTO THE PARKING LOT OF THE KENTUCKY FRIED CHICKEN RESTAURANT IN CRYSTAL RIVER. AS I APPROACHED THE DRIVER'S DOOR, THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR CODY BURKETT EXITED THE VEHICLE AND I ASKED HIM TO SIT BACK IN HIS VEHICLE. I DETECTED A MODERATE ODOR OF ALCOHOL EMITTING FROM THE DRIVER AND NOTICED THAT HIS EYES WERE GLASSY AND BLOODSHOT AND HIS SPEECH WAS ALSO SLURRED. CODY ADVISED HE LEFT HIS WALLET IN HIS ROOM AT THE HAYES MOTEL, AT WHICH TIME, I OBTAINED HIS INFORMATION AS WELL AS HIS THREE PASSENGER'S INFORMATION. AS I RETURNED TO MY PATROL VEHICLE, I REQUESTED "K-9" DEPUTY RITLI RESPOND TO MY LOCATION TO CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE. "K-9" DEPUTY RITLI AND DEPUTY SEFFERN JR ARRIVED ON SCENE. "K-9" DEPUTY RITLI AND "K-9" AJAX CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. "K-9" AJAX ALERTED TO THE EXTERIOR DRIVER'S DOOR. AT THAT TIME, DEPUTY SEFFERN MADE CONTACT WITH ALL THE INDIVIDUALS IN THE VEHICLE AND ASKED THEM TO EXIT THE VEHICLE. "K-9" DEPUTY RITLI AND DEPUTY SEFFERN THEN CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE RESULTING IN THEM DISCOVERING A GLASS SMOKING PIPE USED TO SMOKE MARIJUANA BELONGING TO THE REAR PASSENGER OF THE VEHICLE. THEY ALSO LOCATED A BOTTLE OF JIM BEAM WHISKEY BOTTLE APPROXIMATELY 3/4'S FULL IN THE REAR PORTION OF THE VEHICLE. WHILE THE SEARCH WAS BEING CONDUCTED, I SPOKE WITH CODY AND ADVISED HIM THAT I WAS INVESTIGATING WHETHER HE WAS IMPAIRED TO OPERATE HIS VEHICLE. WHILE SPEAKING WITH CODY I DETERMINED THE FOLLOWING, HE HAD LAST EATEN APPROXIMATELY 20 MINUTES PRIOR TO THE STOP, WHEN HE AND HIS FRIENDS HAD A SEAFOOD PLATTER AT A RESTAURANT. APPROXIMATELY 30 MINUTES PRIOR TO THE STOP, HE CONSUMED A SHOT OF JACK DANIELS AND COKE AND A SMALL DRAFT BUDWEISER BEER. CODY ADVISED THAT HE WORKS CONSTRUCTION FOR A LIVING AND CURRENTLY TAKES NO PRESCRIPTION MEDICATIONS. HE HAS A PLATE IN HIS HEAD FROM A TRAFFIC CRASH AND HAS HAD HIS ANKLE SURGICALLY REPLACED. AFTER DEPUTY SEFFERN AND "K-9" DEPUTY RITLI WERE DONE SEARCHING THE VEHICLE, I REPOSITIONED MY PATROL VEHICLE TO CAPTURE CODY'S FIELD SOBRIETY TASKS ON CAMERA. I THEN SPOKE WITH CODY IN FRONT OF THE CAMERA. I ASKED CODY TO SUBMIT TO A SERIES OF TASKS TO WHICH HE AGREED. THE TASKS WERE CONDUCTED ON A CLEAR SMOOTH SURFACE IN THE PARKING LOT OF THE KENTUCKY FRIED CHICKEN RESTAURANT. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS FOOT OFF THE GROUND FOR MORE THAN TWO SECONDS. THE DEFENDANT DID NOT COUNT OUT LOUD OR LOOK AT HIS FOOT. THE DEFENDANT DID ATTEMPT THIS TASK SEVERAL TIMES USING BOTH FEET. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT POINT FORWARD ON ANY ATTEMPT AND WHEN HE GOT HIS FINGER CLOSE TO HIS FACE, HE SLOWED DOWN AND SLOWLY BROUGHT HIS FINGER TO HIS NOSE; HOWEVER, DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE ON ANY ATTEMPT. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE WITH EACH STEP. AFTER TAKING HIS FIRST NINE STEPS STOPPED AND DID NOT ATTEMPT TO TAKE NINE STEPS BACK ADVISING THAT WAS ALL I ASKED HIM TO DO. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING ON A REVOKED DRIVER'S LICENSE, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE REGISTERED OWNER WHO WAS A PASSENGER IN THE VEHICLE. DEPUTY SEFFERN JR WROTE THE REGISTERED OWNER A NOTICE TO APPEAR (NTA) CITATION FOR POSSESSION OF DRUG PARAPHERNALIA. 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 .185 AND .190. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, THIRD OFFENSE WITHIN TEN YEARS OF TWO PRIOR CONVICTIONS WITH A $2,000.00 BOND AND DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH TWO PRIOR CONVICTIONS WITH A BOND OF $2,000.00; FOR A TOTAL BOND OF $4,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8822-XBI-X AND CRIMINAL UNIFORM TRAFFIC CITATION (UTC) NUMBER 9968-RYU-3 FOR DRIVING WHILE LICENSE SUSPENDED WITH TWO PRIOR CONVICTIONS BOTH WITH A MANDATORY COURT DATE OF 010511 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 9966-RYU-1 FOR FAILURE TO OBEY A STOP SIGN WITH A FINE OF $166.00 AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 9967-RYU-2 FOR OPEN CONTAINER IN A VEHICLE IN OPERATION WITH A FINE OF $166.00 ALL PAYABLE WITHIN 30 DAYS. THE IN-CAR VIDEO WAS TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
