| Probable cause affidavit: |
SUBMITTED BY: COX, ANDy 0543 (AR10117017) 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 092310 at APPROXIMATELY 1250 hours i was in the parking lot of th homosassa elementary school where i OBSERVED a red and white pickup truck run the stop sign at yulee drive and mason creek road, in HOMOSASSA. i immediately ACTIVATED MY blue lights and siren. as i attempted to stop the pickup truck that was driving eastbound ON yulee drive, the driver made an abrupt right turn, not SIGNALING, on to chamberlin pool while throwing an unknown object out of the passenger window. the object was primarily red in color and i could see fluid coming out of the object. the driver stopped shortly thereafter where i detained him placing him in handcuffs until another unit arrived. i detected a strong odor of an alcoholic beverage on his breath with blood shot watery eyes and slurred slow speech. i advised the SUSPECT he was being detained pending an investigation. the first task was a horizontal gaze nystagmus TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE SUBJECT did not have any PROBLEMS WITH HIS EYES. the subject was not wearing glasses or contacts. the subject had equal tracking and equal pupil size. the SUSPECT had lack of smooth pursuit. the SUSPECT had SEVERE distinct sustained horizontal gaze nystagmus at maximum DEVIATION and on set prior to 45 degrees. the DEFENDANT was then placed in the rear seat of my patrol VEHICLE. i backed up APPROXIMATELY 50 yards towards yulee drive. i searched the area where i saw the object land. i found a red COOLEY with an opened natural light beer. the can was APPROXIMATELY half full cold to the touch and sweating. DEPUTY ricci arrived on scene. we searched the area and found no other objects. i repositioned my patrol VEHICLE where there was a distinct line on the road and a REASONABLY flat surface. 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 two, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT did not perform the task as instructed. the DEFENDANT bent his foot up to his leg and was still unable to balance. raised his hand more than six inches and placed his foot down three times. i explained the task and DEMONSTRATED it again. the DEFENDANT tried a second time and raised his hand more than three inches and put his foot down more than three times. TASK three, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT could not maintain the start position, stopped while walking, used arms for balance, stepped off the line, made an improper turn on both the first and second nine steps. TASK FOUR, modified finger to nose. tHIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT did not touch the tip of his finger to the tip of his nose, swayed while balancing, did not follow instructions and had to be reminded to put his hand back down. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS turned over to the registered owner. 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. THE DEFENDANT AGREED/ TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .052 AND .059. THE DEFENDANT ALSO SUBMITTED TO URINE TEST, A DRUG RECOGNITION EXPERT TEST WAS COMPLETED. THE URINE WILL BE TURNED IN TO EVIDENCE. ALL FIELD SOBRIETY EXERCISES WERE CAPTURED ON MY IN CAR CAMERA. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), NUMBER 4260xdx9, WITH A MANDATORY COURT APPEARANCE to be set AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 8397fry1, FOR running a stop sign WITH A $264.00 FINE, utc number 8398fry2, for open container of an alcoholic beverage with a $166.00 fine and utc number 8399fry3, for littering on a roadway with a $160.50 fine, all PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. the DEFENDANT's bond was set at $500.00 according to the bond schedule. I am a certified drug recognition expert and in my opinion the DEFENDANT is under the influence of central NERVOUS system depressant, CANNABIS and narcotic analgesic. "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* |
