| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR10113518) 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'S STATE STATUTE 316.193(1). DID WILLFULLY REFUSE TO ACCEPT AND SIGN THE DRIVING UNDER THE INFLUENCE CITATION NUMBER 9199XAIX AND UNIFORM TRAFFIC CITATION NUMBER 3003ESH2 FOR FAILURE TO CHANGE ADDRESS ON DRIVER'S LICENSE, IN VIOLATION OF FLORIDA'S STATE STATUTE 318.14(3). ON 022610 I WAS ON A TRAFFIC STOP, AS I WAS RETURNING TO MY VEHICLE TO CLEAR THE TRAFFIC STOP, A GOLD VAN PASSED MY LOCATION AND DID NOT MOVE OVER EVEN THOUGH THERE WAS NO TRAFFIC IN THE OTHER LANE. I WENT INTO MY PATROL VEHICLE AND ADVISED DISPATCH THAT I WOULD BE CONDUCTING ANOTHER TRAFFIC STOP. AS I GOT BEHIND THE GOLD VAN, I NOTICED THAT THE VAN DID NOT HAVE ANY OPERATING TAG LIGHTS EITHER. I ADVISED DISPATCH OF THE TRAFFIC STOP AND ACTIVATED MY OVERHEAD EMERGENCY LIGHTS. THE OPERATOR OF THE GOLD VAN PULLED INTO THE PARKING LOT OF THE BP STATION LOCATED AT HIGHWAY 19 AND NE 3RD AVENUE IN CRYSTAL RIVER. I APPROACHED THE DRIVER AND ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. HE DID HAND ME A FLORIDA DRIVER'S LICENSE WITH THE NAME OF DANIEL BRYANT JR ON IT. THE PASSENGER KEPT STATING "DOWN", I ASKED HIM WHAT SHE WAS SAYING AND WHY SHE WAS SAYING IT, HE THEN LAUGHED AND STATED THAT HE DID NOT KNOW. AS I WAS WAITING FOR THE PASSENGER TO FIND THE REGISTRATION AND INSURANCE, I NOTICED THE DRIVER'S EYES WERE GLASSY AND BLOODSHOT AND HE HAD THE ODOR OF ALCOHOL COMING FROM HIS PERSON. THE PASSENGER NEVER DID FIND THE REGISTRATION. I THEN WALKED BACK TO MY PATROL VEHICLE AND CONDUCTED A DRIVER'S LICENSE CHECK AND A WANTS AND WARRANTS CHECK. I ADVISED DEPUTY DAVIS, WHEN HE PULLED UP, THAT THE DRIVER HAD A HISTORY OF DRUG USE. DEPUTY DAVIS DID CONDUCT A WALK AROUND WITH HIS K-9 CONAN. K-9 CONAN, DID ALERT TO THE VEHICLE. DEPUTY DAVIS DID SEARCH THE VEHICLE AS I WAS WRITING THE DRIVER A UNIFORM TRAFFIC CITATION AND WRITTEN WARNINGS. I THEN EXITED MY VEHICLE AFTER DEPUTY DAVIS ADVISED THAT HE DID NOT LOCATE ANY DRUGS. I ADVISED THE DRIVER THAT I WAS GOING TO CONDUCT FIELD SOBRIETY EXERCISES ON HIM. HE STATE THE REASON HE WAS DRIVING WAS THAT HE HAD ONLY HAD TWO OR THREE BEERS AND THE PASSENGER HAD BEEN DRINKING HARD LIQUOR. I ASKED THE DRIVER WHAT YEAR OF EDUCATION HE COMPLETED, HE STATED TO ME 1996. I ASKED HIM AGAIN WHAT YEAR OF COMPLETION, HE AGAIN ADVISED ME 1996. I THEN ASKED IF HE GRADUATED FROM HIGH SCHOOL, TO WHICH HE STATED THAT HE DID NOT BUT THAT HE GOT HIS GED IN 1996. I THEN ASKED HIM IF HE KNEW HIS ALPHABET, TO WHICH HE ADVISED THAT HE DID. 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 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. I HAD THE DEFENDANT TAKE HIS INDEX FINGER TO TOUCH THE TIP OF MY PEN TO WHICH HE HAD A DIFFICULT TIME COMPLETING THIS AND SWAYED BACK AND FORTH AND DID NOT FOLLOW THE TIP OF MY PEN. I THEN WENT BACK TO MY PATROL VEHICLE AND SHUT OFF MY FORWARD STROBE LIGHTS. TASK TWO, ALPHABET WITH ROMBERG. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED AND DID NOT RECITE THE ALPHABET CORRECTLY AND KEPT HIS EYES OPEN. I EXPLAINED IT AGAIN AND AGAIN HE SWAYED AND KEPT HIS EYES OPEN. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT POINT FORWARD, MISSED HIS NOSE AND DID NOT TOUCH THE TIP OF HIS NOSE AND LEFT HIS FINGER ON HIS NOSE. I EXPLAINED THE EXERCISE AGAIN AND AGAIN HE LEFT HIS FINGER ON HIS NOSE. I EXPLAINED IT AGAIN, HE DID NOT POINT FORWARD, OPENED HIS EYES, SWAYED BACK AND FORTH AND KEPT HIS FINGER ON HIS NOSE. TASK FOUR, ONE LEGGED STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD HIS FOOT OFF THE GROUND, USED HIS ARMS TO KEEP HIS BALANCE AND ASKED IF HE COULD USE HIS OTHER FOOT, TO WHICH I SAID THAT HE COULD. HE AGAIN COULD NOT KEEP HIS FOOT OFF THE GROUND AND USED HIS ARMS TO KEEP HIS BALANCE. TASK FIVE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST HIS BALANCE DURING THE EXPLANATION; HE USED HIS HANDS FOR BALANCE, COUNTED BACKWARDS, LOST HIS BALANCE, PUT BOTH FEET SIDE BY SIDE. I EXPLAINED THE EXERCISE TO HIM AGAIN AND AGAIN HE USED HIS ARM, COULD NOT WALK HEEL TO TOE AND COUNTED WRONG. 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. I ASKED IF HE UNDERSTOOD TO WHICH HE SAID NO AND I REPEATED THE INFORMATION AND AGAIN ASKED IF HE UNDERSTOOD TO WHICH HE AGAIN SAID NO AND ASKED I F I WOULD READ IT IN GERMAN. THE DEFENDANT THEN STATED THAT HE DID NOT COMMUNICATE IN ENGLISH, HOWEVER, WE HAD BEEN COMMUNICATING IN ENGLISH JUST FINE. THE DEFENDANT WAS HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE TO BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT THEN DECIDED TO PUT THE HANDCUFFS IN FRONT OF HIM. HE WAS PULLED OUT OF THE VEHICLE; HIS HANDCUFFS WERE PLACED BACK BEHIND HIS BACK WITH ANOTHER SET OF HANDCUFFS ATTACHED TO HIS BELT TO PREVENT HIM FROM SLIPPING HIS CUFFS AGAIN. HE WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE, PER THE DRIVER'S REQUEST. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, HE DID GO INTO THE INTOXILYZER ROOM. I WAS ADVISED LATER THAT THE DRIVER REFUSED TO SUBMIT TO A BREATHALYZER. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, NUMBER 9199XAIX WITH A MANDATORY COURT APPEARANCE OF 031810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3003ESH2, FOR NOT WEARING HIS SEATBELT WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 3004ESH3 FOR FAILURE TO CHANGE HIS ADDRESS ON HIS DRIVER'S LICENSE. HE STATED HE HAS LIVED IN ORLANDO FOR APPROXIMATELY 2 YEARS AND HIS DRIVER'S LICENSE STILL HAS HIS INVERNESS ADDRESS. THE DEFENDANT WAS ALSO ISSUED WARNINGS FOR HIS TAG LIGHT BEING OUT AND FAILURE TO MOVE OVER. *NOT-EXEMPT* |
