| Probable cause affidavit: |
SUBMITTED BY: HILBERERER, BRIAN 0440 (AR08101597) 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 020508, AT APPROXIMATELY 2346 HOURS, MYSELF AND DEPUTY RAMOS WERE CLEARING A CALL AT THE WINN DIXIE IN BEVERLY HILLS AND WERE "EN ROUTE" TO ANOTHER CALL AT ROC'S 491 BAR. DEPUTY RAMOS PULLED OUT OF THE PARKING LOT MAKING A RIGHT ON TO 491 WHILE WAITING TO MAKE MY TURN; I DID OBSERVE A DARK COLORED FORD RANGER PICKUP TRAVELLING NORTH BOUND ON 491 AT A HIGH RATE OF SPEED AND VISUALLY ESTIMATED THE VEHICLE SPEED TO BE APPROXIMATELY 50-55 MILES PER HOUR (MPH). I ACTIVATED MY RADAR TO CONFIRM MY VISUAL ESTIMATION AND THE RADAR GAVE A READING OF 55 MPH IN A POSTED 40 MPH ZONE. I THEN PULLED OUT ON TO 491, MAKING A RIGHT TURN WHEN THE PICKUP VEHICLE FLEW BY ME IN THE INSIDE LANE. AFTER PASSING ME, THE VEHICLE APPROACHED DEPUTY RAMO'S VEHICLE FROM THE REAR. I THEN OBSERVED THAT THE VEHICLE STARTED DRIFTING INTO DEPUTY RAMO'S LANE. I OBSERVED THAT THE VEHICLE ALMOST MADE IMPACT WITH THE REAR OF DEPUTY RAMO'S VEHICLE BUT, AT THE LAST MOMENT, THE VEHICLE JERKED TO THE LEFT BACK INTO HIS LANE. THE VEHICLE CROSSED OVER HIS LANE AND CROSSED INTO THE INSIDE LANE. THE VEHICLE AGAIN THEN JERKED TO THE RIGHT BACK INTO THE DRIVER' LANE. IT WAS AT THAT TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE AND THE VEHICLE STOPPED IN THE MIDDLE OF THE ROAD IN FRONT OF 3930 NORTH LECANTO HIGHWAY. I THEN MADE CONTACT WITH THE DRIVER/ DEFENDANT MR DANIEL CLARK. UPON MAKING CONTACT WITH THE DEFENDANT, HE OPENED THE DOOR AND STATED "WASSUP DAWG" IT WAS AT THAT POINT THAT THIS DEPUTY DID EXPLAIN THE REASON FOR THE CONDUCTED STOP. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND ALSO OBSERVED THAT THE DEFENDANTS EYES WERE EXTREMELY BLOODSHOT AND GLASSY, AND THE DEFENDANTS SPEECH WAS SLURRED. I THEN ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING AND HE STATED THAT HE HAD NOT CONSUMED ANY ALCOHOL. I THEN ASKED THE DEFENDANT IF HE HAD USED ANY DRUGS OR WAS ON ANY MEDICATION TO WHICH HE STATED, "NO". IT WAS AT THAT POINT, I ASKED FOR THE DEFENDANTS DRIVER'S LICENSE AND THE DEFENDANT HAD DIFFICULTY RETRIEVING HIS DRIVER'S LICENSE FROM HIS WALLET. THIS DEPUTY DID OBSERVE THAT THERE WERE TWO OTHER MALE SUBJECTS ALSO IN THE VEHICLE AND OBSERVED THERE TO BE TWO BOTTLES OF NATURAL ICE BEER IN THE VEHICLE. IT WAS AT THAT TIME, DEPUTY RAMOS ARRIVED ON SCENE AND I ASKED THE DEFENDANT TO EXIT THE VEHICLE. UPON EXITING THE VEHICLE, THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE AND HAD TO HOLD ON TO THE TRUCK TO AVOID FALLING OVER. IT WAS AT THAT POINT, I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TEST TO WHICH HE STATED, "SURE DAWG LETS DO IT" I THEN WALKED TO THE DEFENDANT OVER TO THE SIDEWALK WHICH WAS A SMOOTH FLAT SERVICE TO CONDUCT THE FIELD SOBRIETY TEST. 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. WHILE PERFORMING THE TASK THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE AND SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND THE DEFENDANT STATED, THAT HE DID UNDERSTAND THE INSTRUCTIONS. PRIOR TO PERFORMING THE TASK DURING THE INSTRUCTION PHASE, THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE WHILE LISTENING TO INSTRUCTIONS AND ALMOST FELL OVER SEVERAL TIMES. THE DEFENDANT ALSO STARTED PERFORMING THE TASK PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THE TASK, THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE AND USED HIS ARMS TO ASSIST WITH BALANCING RAISING THEM OVER SIX INCHES. THE DEFENDANT MISSED HEEL TO TOE ON EVERY STEP, STEPPED OFF THE LINE SEVEN TIMES, DID AN IMPROPER TURN AND STAGGERED/STUMBLED WHILE TURNING, AND DID AN INCORRECT NUMBER OF STEPS (10 STEPS DOWN NINE STEPS BACK). TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE DID UNDERSTAND THE INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT AGAIN HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE AND USED HIS ARMS TO ASSIST WITH BALANCING BY RAISING THEM OVER SIX INCHES. THE DEFENDANT PUT HIS FOOT DOWN TWENTY TIMES BEFORE THIRTY SECONDS HAD ELAPSED AND THE DEFENDANT HOPPED WHILE PERFORMING THE TASK. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND THE DEFENDANT DID STATE THAT HE UNDERSTOOD. PRIOR TO PERFORMING THE TASK, IT WAS DETERMINED THAT THE DEFENDANT DID KNOW RIGHT FROM LEFT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED, DEFENDANT DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED, AND THE DEFENDANT DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE AS INSTRUCTED BUT INSTEAD, TOUCHED HIS ENTIRE HAND TO HIS FACE WITH THE HAND HE WAS TOLD TO USE. THE DEFENDANT ALMOST FELL OVER FOUR TIMES WHEN TILTING HIS HEAD BACK. TASK FIVE RHOMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND THE DEFENDANT STATED THAT HE DID UNDERSTAND THE INSTRUCTIONS. PRIOR TO PERFORMING THE TASK, IT WAS DETERMINED THAT THE DEFENDANT DID READ AND WRITE THE ENGLISH LANGUAGE AND THAT HE KNEW HIS ALPHABET FROM A-Z. WHILE PERFORMING THE TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED, DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED, RECITED THE ALPHABET INCORRECTLY, AND SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. WHILE PERFORMING THE TASK, THE DEFENDANT AGAIN ALMOST FELL BACKWARD WHEN HE TILTED HIS HEAD BACK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. ALSO ONE OF THE PASSENGERS WAS ISSUED A CITATION FOR OPEN CONTAINER OF ALCOHOL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT BEGAN TALKING OUT LOUD STATING, THAT HE WAS "FUCKED UP" AND STATED THAT HE HAD BEEN DRINKING BECAUSE HE WAS MAD THAT HIS MOTHER DISOWNED HIM. UPON ARRIVAL TO THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE CORRECTIONS STAFF 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. THE DEFENDANT AGREED TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .178 AND .165 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 WITH A TRAFFIC CITATION NUMBER OF 8281-XBD AND A MANDATORY COURT APPEARANCE OF 022108, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0472-RHV, FOR POSSESSION OF OPEN CONTAINER OF ALCOHOL WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
