| Probable cause affidavit: |
SUBMITTED BY: TABB, LYNN 0418 (AR10117393) 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(1). DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 101510 AT APPROXIMATELY 2215 HOURS, I CAME IN CONTACT WITH THE DEFENDANT, MR DANIEL HAMMAN, IN REFERENCE TO THE DEFENDANT CAUSING A DISTURBANCE AT THE CRACKER'S restaurant IN CRYSTAL RIVER. THE DEFENDANT ADVISED ME THAT HE DID NOT HAVE A FLORIDA DRIVER'S LICENSE; BECAUSE, IT HAD BEEN REVOKED AND HANDED ME A FLORIDA IDENTIFICATION CARD. I VERIFIED THROUGH DISPATCH AND "D.A.V.I.D." QUERY THAT THE DEFENDANT'S LICENSE HAD BEEN REVOKED. HE HAD BEEN NOTIFIED THROUGH THE MAIL AND ALSO SHOWED TWO PRIOR DRIVING UNDER THE INFLUENCE CONVICTIONS. AT THAT TIME, I OBSERVED THAT THE DEFENDANT WAS INTOXICATED. THE DEFENDANT HAD BEEN TRESPASSED FROM THE CRACKERS RESTAURANT. THE DEFENDANT WAS ADVISED NOT TO DRIVE THE VEHICLE DUE TO HIS DRIVER'S LICENSE BEING REVOKED AND HIM BEING INTOXICATED. THE DEFENDANT LEFT THE PROPERTY ON FOOT. I THEN OBSERVED THE DEFENDANT DRIVING SOUTHBOUND ON HIGHWAY 19 FROM THE CRACKER'S RESTAURANT IN A 2000, CHEVY, VAN, BLUE IN COLOR, BEARING FLORIDA TAG 214YUT. THE VEHICLE WAS WEAVING IN THE TRAFFIC LANE AND I WAS PACING THE VEHICLE AT 49 MILES PER HOUR (MPH) IN A 40 MILES PER HOUR (MPH) ZONE. I THEN CONDUCTED A TRAFFIC STOP ON THE VEHICLE AND THE VEHICLE PULLED IN TO THE PARKING LOT OF THE "BP" GAS STATION LOCATED AT HIGHWAY 19 AND NE 3RD AVENUE IN CRYSTAL RIVER. THE VEHICLE PARKED CROOKED IN FRONT OF THE STORE TAKING UP TWO LANES. THE DEFENDANT THEN EXITED THE VEHICLE HOLDING THE DRIVER'S DOOR, VERY UNSTEADY ON HIS FEET AND KEPT LOOSING HIS BALANCE. THE DEFENDANT STATED THAT HE WAS TRYING TO GET HOME AND KNEW THAT HE WAS INTOXICATED AND ALSO KNEW THAT HE DID NOT HAVE A VALID DRIVER'S LICENSE. I OBSERVED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY AND HE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. THE DEFENDANT STATED THAT HE HAD DRUNK THREE TO FOUR BEERS PRIOR TO DRIVING THE VEHICLE. THE DEFENDANT AGREED TO FIELD SOBRIETY TESTS. 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. THE DEFENDANT ALSO FAILED TO FOLLOW INSTRUCTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT LOOSING HIS BALANCE, DID NOT WALK HEEL TO TOE, DID NOT COUNT OUT HIS STEPS, DID NOT EXECUTE THE TURN PROPERLY AND DID NOT COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, KEPT LOOSING HIS BALANCE, PUT HIS FOOT DOWN MORE THAN THREE TIMES AND STATED THAT HE COULD NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, TOUCHED THE TIP OF HIS NOSE WITH HIS RIGHT HAND, ONCE WITH HIS LEFT HAND AND LOST HIS BALANCE FOUR TIMES. 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. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE "BP" GAS STATION PER THE DEFENDANT'S REQUEST. 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 .309 AND .325. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4622XDX4 WITH A MANDATORY COURT APPEARANCE OF 110410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7145FYK1, FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED WITH A $500.00 BOND ALSO WITH A MANDATORY COURT DATE OF 110410 AT 1300 HOURS. THE DEFENDANT WAS ISSUED WARNING NUMBER 306346B FOR SPEEDING 49 MILES PER HOUR (MPH) IN A 40 MILES PER HOUR (MPH) ZONE. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE FOR BOTH CHARGES. "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* |
