| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR11120174) STOKES, ERIC 0736 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) ON 040811 AT APPROXIMATELY 2100 HOURS, I WAS ASSISTING OTHER DEPUTIES IN DIRECTING TRAFFIC ON NORTH CARL G ROSE HIGHWAY NEAR BRAVE LANE IN HERNANDO IN REFERENCE TO AN UNRELATED TRAFFIC CRASH. A YELLOW TOYOTA COROLLA DROVE PAST THE PATROL VEHICLES WITH LIGHTS ON WHICH WERE BEING USED TO BLOCK THE ROADWAY AND STOPPED NEXT TO ME. THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR DALE ARTHUR WRIGHT, ASKED ME WHY THE ROAD WAS CLOSED. I IMMEDIATELY NOTICED HE HAD BLOODSHOT, WATERY EYES, SLURRED SPEECH AND AN ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I EXPLAINED TO HIM THERE WAS A TRAFFIC CRASH AND THEN ASKED HIM IF HE HAD BEEN DRINKING. THE DEFENDANT SAID HE HAD ONE BEER AT APPROXIMATELY 1200 HOURS. LATER, THE DEFENDANT STATED HE HAD CONSUMED FOUR BEERS. I ASKED HIM IF HE WOULD SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE IF HE WAS CAPABLE OF DRIVING AND HE SAID YES. 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 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 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 COULD NOT MAINTAIN HIS BALANCE DURING THE INSTRUCTION PHASE, DID NOT TOUCH HEEL TO TOE ON ANY STEPS, STEPPED OFF THE LINE ON STEP FOUR ON THE FRONT NINE STEPS AND STEP ONE ON THE RETURN NINE STEPS, USED ARMS FOR BALANCE AND WALKED TEN STEPS AS OPPOSED TO THE REQUIRED NINE STEPS ON THE FRONT AND BACK PORTION OF THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED DURING THE INSTRUCTION PHASE, PUT HIS FOOT DOWN THREE TIMES DURING THE TASK, USED ARMS FOR BALANCE AND HOPPED ON ONE FOOT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS 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 SECURED AND LEFT ON SCENE AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR ON CAMERA. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .150 AND .137. 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, CITATION NUMBER 6979XDO4, WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. "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* |
