| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR10118396) 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 121510 AT APPROXIMATELY 2230 HOURS, I WAS TRAVELING WESTBOUND ON WEST GULF TO LAKE HIGHWAY WHEN I OBSERVED A SMALL SILVER VEHICLE TRAVELING EASTBOUND AT A HIGH RATE OF SPEED. I ESTIMATED THE VEHICLE TO BE TRAVELING APPROXIMATELY 55 MILES PER HOUR (MPH) AND ACTIVATED MY RADAR WHICH EMITTED A STRONG DOPPLER TONE AND VERIFIED THE VEHICLE TO BE TRAVELING AT 55 MPH. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND THE VEHICLE CAME TO A STOP IN THE PARKING LOT OF THE AUTO ZONE JUST EAST OF 8TH AVENUE. AS I APPROACHED THE VEHICLE, ALL OF THE WINDOWS WERE ROLLED UP. I ASKED THE DRIVER TO ROLL DOWN HIS WINDOW AND WHEN HE DID, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. I ASKED THE DRIVER IF HE HAD BEEN DRINKING AND HE ADVISED, YES, THAT HE HAD THREE OR FOUR BEERS APPROXIMATELY 45 MINUTES TO AN HOUR AGO. HE ADVISED THAT THERE WAS BEER IN THE VEHICLE AND THAT HE WAS TAKING IT TO A FRIEND'S RESIDENCE WHERE THEY WOULD REALLY START DRINKING. THERE WAS A WHITE MALE PASSENGER IN THE PASSENGER FRONT SEAT AND A WHITE FEMALE PASSENGER IN THE REAR SEAT. I ASKED THE DRIVER FOR HIS IDENTIFICATION, WHICH HE PROVIDED. THE DRIVER WAS ISSUED A WRITTEN WARNING, NUMBER 312873B FOR TRAVELING 55 MPH IN A 45 MPH ZONE. AT THAT TIME I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE. I EXPLAINED THE WARNING TO THE DRIVER AND ADVISED HIM THAT THE TRAFFIC STOP WAS NOW CONCLUDED, AND I WOULD NOW BE CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. I THEN ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS TO WHICH HE ADVISED, YES. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO STAND WITH HIS HANDS AT HIS SIDE AND HIS FEET TOGETHER, AND TO REMAIN THAT WAY UNTIL I INSTRUCTED HIM TO BEGIN THE TASK. I THEN HAD THE DEFENDANT BEGIN THE TASK. THE DEFENDANT HAD TO PUT HIS FOOT DOWN SEVERAL TIMES OUTSIDE OF THE LINE IN ORDER TO KEEP HIS BALANCE. AFTER THE DEFENDANT TURNED AROUND, HE COUNTED TO TWO AND NEVER COUNTED THE REST OF THE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STARTED WITH HIS RIGHT FOOT SIX INCHES OFF THE GROUND AND AS HE COUNTED, HE HAD TO PUT HIS FOOT DOWN. THE DEFENDANT COMPLAINED THAT HE HAD TWISTED HIS ANKLE SKATEBOARDING. I ADVISED THE DEFENDANT TO STAND ON HIS RIGHT LEG AND HOLD HIS LEFT FOOT IN THE AIR, AND THE DEFENDANT DID SO. WHILE THE DEFENDANT COUNTED AT NUMBER NINE, THE DEFENDANT STARTED COUNTING BACKWARDS AND WOULD LOSE COUNT WHILE DOING SO. THE DEFENDANT WAS NOT ADVISED TO COUNT BACKWARDS AT ANY TIME. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE 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 RETRIEVED BY HIS FATHER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .085 AND .084. 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 7712-XBL7 WITH A MANDATORY COURT APPEARANCE ON 123010 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. IN-CAR VIDEO IS NOT AVAILABLE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
