| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR09110922) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 091009, WHILE RUNNING ROUTINE TRAFFIC ENFORCEMENT ON HIGHWAY 41 IN INVERNESS, I OBSERVED A WHITE DODGE FOUR DOOR TRAVELING SOUTHBOUND IN THE AREA OF SATE ROAD 41 AND PINE AVENUE. THE VEHICLE APPEARED TO BE DRIFTING BACK AND FORTH IN ITS LANE AND CROSSED OVER THE CENTER LINE TWICE. UPON COMING TO THE INTERSECTION OF NORTH APOPKA AVENUE AND STATE ROAD 41, THE VEHICLE IMMEDIATELY AND ERRATICALLY MADE A HARD LEFT TURN INTO THE TURN LANE TO GO NORTHBOUND ON NORTH APOPKA. HOWEVER, WHEN THE LIGHT CHANGED GREEN, THE VEHICLE THEN PULLED INTO THE SOUTHBOUND LANE ON US HIGHWAY 41 SOUTHBOUND. AT THIS POINT, BASED ON THE ERRATIC DRIVING PATTERN THIS DEPUTY PERFORMED A TRAFFIC STOP ON SAID VEHICLE AT THE CORNER OF MARTIN LUTHER KING JUNIOR AVENUE AND STATE ROAD 41. THE VEHICLE DID NOT PULL OVER RIGHT AWAY, BUT PULLED INTO A PARKING LOT, BASICALLY GOING IN A CIRCLE, LOOKING FOR A PARKING SPOT. THIS DEPUTY THEN MADE CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR CURTIS COLEBROOKS. MR COLEBROOKS HAD VERY SLOW REFLEXES, LETHARGIC MOVEMENTS AND GLASSY EYES AND AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. WHEN ASKED IF HE HAD ANYTHING TO DRINK, HE ADVISED, "GIN". I THEN RETURNED TO MY PATROL VEHICLE TO DO A COMPUTER CHECK OF MR COLEBROOKS' DRIVER'S LICENSE. I THEN RETURNED TO THE VEHICLE, AT WHICH POINT MR COLEBROOKS HAD EXITED THE VEHICLE AND BEGAN SMOKING A CIGARETTE. 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 AND THAT HE WOULD TAKE THE TESTS. 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE, STOPPED TO STEADY HIMSELF, TOOK AN INCORRECT NUMBER OF STEPS AND HAD PROBLEMS BALANCING HIMSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN AT COUNT 17 AND COUNT 26. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED THE WRONG HAND SEVERAL TIMES, WAS UNABLE TO FOLLOW INSTRUCTIONS AND WOULD NOT RETURN HIS HAND BACK OUT AWAY FROM HIS BODY AS PREVIOUSLY INSTRUCTED BY THIS DEPUTY. TASK FIVE, RHOMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT GRADE HE COMPLETED IN SCHOOL, AND HE SAID 12TH GRADE. THIS DEPUTY THEN ASKED THE DEFENDANT IF HE KNEW THE ALPHABET, TO WHICH HE ADVISED HE WAS GOING TO HAVE TROUBLE WITH IT. I THEN HAD THE DEFENDANT CLOSE HIS EYES, TILT HIS HEAD BACK, AND COUNT FROM ONE TO THIRTY. HE WAS ABLE TO COMPLETE THAT TASK IN A SATISFACTORY MANNER. 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 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT IN A PARKING SPOT AT THE BUSINESS AT THE CORNER OF STATE ROAD 41 AND MARTIN LUTHER KING JR AVENUE. 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 .19 AND .20. 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 3053-XDQ WITH A MANDATORY COURT APPEARANCE OF 092409 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. DEFENDANT WAS ALSO ISSUED WARNING NUMBER 253099B FOR FAILURE TO MAINTAIN A SINGLE LANE AND WARNING 253100B FOR EXPIRED TAG. *NOT-EXEMPT* |
