Date of birth: | Dec 30, 1983 |
Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR08102852) ON 042308 AT APPROXIMATELY 0207 HOURS, THIS DEPUTY HAD JUST FINISHED A CALL ON EAST DAKOTA STREET IN HERNANDO WHEN I HEARD A VEHICLE APPROACHING FROM THE SOUTH ON CITRUS HILLS BOULEVARD AT A HIGH RATE OF SPEED. I THEN OBSERVED THE VEHICLE TRAVELING DOWN THE CENTER OF THE ROADWAY AT A VERY HIGH RATE OF SPEED, TRAVELING NORTHBOUND. I IMMEDIATELY ACTIVATED MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. AS I SPOKE WITH THE DRIVER THERE WAS A VERY HEAVY ODOR OF ALCOHOL. THE DRIVER APPEARED NERVOUS AND SLURRED HIS SPEECH. THE DRIVER WAS DRESSED IN A TOGA AND DID APPEAR INTOXICATED. AT THAT TIME, I ASKED HIM TO STEP OUT OF THE VEHICLE TO SEPARATE THE POSSIBILITY THAT THE ODOR WAS COMING FROM THE VEHICLE AND NOT FROM THE DRIVER. UPON SEPARATING THE DRIVER FROM THE VEHICLE, THE DRIVER STILL DISPLAYED A VERY STRONG ODOR OF ALCOHOL AS HE SPOKE. HIS EYES WERE RED AND WATERY, AT WHICH TIME I DECIDED TO BEGIN FIELD SOBRIETY TASKS. THE FIRST TASK WAS HORIZONTAL GAZE NYSTAGMUS, TO WHICH THE DRIVER DISPLAYED POOR BALANCE, NOTICEABLE NYSTAGMUS IN BOTH HIS LEFT AND RIGHT EYES AND HE MOVED HIS HEAD. THE SECOND TASK WAS THE FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DRIVER. DURING THE TASK, THE DRIVER DID NOT KEEP HIS EYES CLOSED, MISSED THE TIP OF HIS NOSE WITH HIS INDEX FINGER ALL THREE TIMES AND AT ONE POINT, FAILED TO RETURN HIS ARMS TO HIS SIDES. HE ALSO TRIED TO LEAD AND REPEAT THE INSTRUCTIONS. THE THIRD TASK WAS THE ONE LEG STAND, TO WHICH HE DISPLAYED POOR BALANCE. THE DRIVER WOULD NOT LISTEN TO THE INSTRUCTIONS OR WATCH THE DEMONSTRATION AND TRIED TO START THE TASK PREMATURELY. HOWEVER, THE DRIVER DID MAKE IT TO THE NUMBER TEN WITHOUT PUTTING HIS FOOT DOWN AND WITH ONLY A SLIGHT AMOUNT OF SWAYING. THE LAST TASK WAS THE WALK AND TURN TASK WHICH WAS EXPLAINED AND DEMONSTRATED TO THE DRIVER. DURING THIS TASK, HE DISPLAYED POOR BALANCE, DID NOT TOUCH HEEL TO TOE, USED HANDS FOR BALANCE AND DID A SPIN/TURN/INCORRECT TURN. AT THE CONCLUSION OF THAT TASK, HE WAS PLACED IN HAND RESTRAINTS, INFORMED OF HIS ARREST FOR DRIVING UNDER THE INFLUENCE (DUI,) PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, READ MIRANDA AND IMPLIED CONSENT AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. DURING TRANSPORT TO THE DETENTION FACILITY, THE DEFENDANT WAS VERBALLY ABUSIVE. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT'S INTOXILYZER TESTS RESULTS WERE .156 AND .157, ONE HOUR AND FIFTEEN MINUTES AFTER HE WAS PLACED UNDER ARREST FOR DUI. THESE NUMBERS ARE ALMOST TWO TIMES THE LEGAL LIMIT. THE DRIVER WAS ISSUED CITATIONS FOR DUI, CARELESS DRIVING AND FAILURE TO WEAR A SEAT BELT. BOND SET PER SCHEDULE. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Inmate name: | DANE BURNETT SIMMS |
Arrest number: | 4227 |
Arrest date: | Jan 24, 2013 |
Arrest type: | Misdemeanor |
Booking location: | Citrus County, FL |
Arrest date: | Apr 23, 2008 |
Booking number: | 08102852 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $500 |
Code: | 316.193(1) |
Charge description: | DUI - Alcohol, Drugs, or Chemical Impairment |
Bond amount: | $1,000 |
Code: | 893.147(1) |
Charge description: | Drug Paraphernalia - To Inject/Ingest/Inhale/Introduce |
Bond amount: | $500 |