| Probable cause affidavit: |
SUBMITTED BY: CRANE, RYAN N223 (AR-1339) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, 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 Statute 327.35(1)(A). ON 052612, AT APPROXIMATELY 2000 HOURS, I OFFICER BRYAN CRANE, FROM FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, WAS CONDUCTING WATER PATROL ON THE HOMOSASSA RIVER IN CITRUS COUNTY. I OBSERVED A WHITE GLASTRON BOAT APPROACH THE WAKE OF ANOTHER VESSEL AT A HIGH RATE OF SPEED. THE GLASTRON HIT THE WAKE AND I OBSERVED A PASSENGER IN THE BOW AREA OF THE VESSEL GET JARRED VIOLENTLY IN HIS SEAT. I INITIATED A VESSEL STOP FOR A BOATING SAFETY INSPECTION AND TO ENSURE THE WELLBEING OF THE PASSENGER ON THE FRONT OF THE VESSEL. THE VESSEL WAS BEING OPERATED BY DEFENDANT, MR DANIEL BENJAMIN LEGGETT. I IDENTIFIED MYSELF AS A STATE LAW ENFORCEMENT OFFICER AND THAT I WAS GOING TO CONDUCT A BOATING SAFETY INSPECTION. THIS PART OF THE RIVER WAS CALM AND THERE WAS NO BOATING TRAFFIC DURING THE SAFETY INSPECTION. I ASKED MR LEGGETT TO PRODUCE THE VESSEL REGISTRATION, THREE LIFE JACKETS, A FIRE EXTINGUISHER, A TYPE FOUR THROWABLE DEVICE, AND A SOUND PRODUCING DEVICE. MR LEGGETT WAS UNSTEADY ON HIS FEET AS HE PRODUCED ONE LIFE JACKET, AND HE ASKED IF THAT WAS GOOD. I ASKED HIM AGAIN THAT I NEEDED TO SEE THREE LIFE JACKETS FOR THE THREE PEOPLE ON THE VESSEL. MR LEGGETT RESPONDED WITH SLURRED SPEECH AND SHOWED ME TWO MORE LIFE JACKETS, AND SAID HE COULD NOT REMEMBER WHAT ELSE I HAD ASKED TO SEE. I ASKED MR LEGGETT AGAIN TO SHOW ME A SOUND PRODUCING DEVICE AND A TYPE FOUR THROWABLE. MR LEGGETT FOLLOWED MY DIRECTIONS BUT REMAINED UNSTEADY ON HIS FEET. I SUSPECTED BASED ON MY EXPERIENCE AND TRAINING THAT MR LEGGETT WAS SHOWING SIGNS OF IMPAIRMENT. AT THIS POINT, I REQUESTED THAT MR LEGGETT STEP ABOARD MY VESSEL TO PERFORM FIELD SOBRIETY TASKS TO DETERMINE IF HE WAS CAPABLE OF OPERATING THE VESSEL IN A SAFE MANNER. I ASKED MR LEGGETT IF HE WAS STABLE SITTING ON MY VESSEL, TO WHICH HE REPLIED YES. WHILE ON MY PATROL VESSEL, THE FOLLOWING TASKS WERE PERFORMED. HORIZONTAL GAZE NYSTAGMUS, FINGER TO NOSE, PALM PAT, AND HAND COORDINATION. FOR EACH FIELD SOBRIETY TASK THE INSTRUCTIONS WERE CLEARLY READ FROM PREPARED TEXT, AND THE TASKS WERE DEMONSTRATED. MR LEGGETT DISPLAYED THE FOLLOWING INDICATORS OF IMPAIRMENT DURING THE FIELD SOBRIETY TASKS. HORIZONTAL GAZE NYSTAGMUS, LACK OF SMOOTH PURSUIT IN RIGHT AND LEFT EYE AND DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION IN RIGHT EYE. FINGER TO NOSE, STARTED AT THE WRONG TIME DURING INSTRUCTIONS, OPENED EYES DURING TASK, DID NOT USE FINGERTIP ON LEFT RIGHT AND LEFT, WRONG HAND AND HESITATED WHEN I ASKED FOR RIGHT HAND. PALM PAT, STARTED AT WRONG TIME, DID NOT INCREASE SPEED. HAND COORDINATION, IMPROPER COUNT ON TASK ONE, IMPROPER TOUCH ON TASK TWO. COUNT OF ONE TWO THREE AND FOUR AND DID NOT CLAP AS INSTRUCTED FOR TASK TWO. COUNTED BACK FOUR THREE TWO ONE AND THEN CLAPPED. IMPROPER FOUR COUNT, FOR TASK THREE IMPROPER TOUCHES, FOR TASK THREE DID NOT RETURN LEFT FIST TO CHEST. AT THIS POINT, I INFORMED MR LEGGETT THAT WE WOULD BE PROCEEDING TO TRADE WINDS BOAT RAMP, WHICH WAS THE NEAREST LOCATION WHERE I COULD SAFELY ADMINISTER THE REMAINING ON SHORE TASKS. I GAVE MR LEGGETT A STANDARD ORANGE LIFE JACKET WHICH HE HAD SOME DIFFICULTY PUTTING ON. HE COULD NOT FIND THE BUCKLE AND WAS TRYING TO TIE ON THE VEST. ONCE HIS VEST WAS SECURE, WE PROCEEDED TO TRADE WINDS BOAT RAMP IN APPROXIMATELY TEN MINUTES. UPON ARRIVAL TO TRADE WINDS I REQUESTED THAT LEGGETT DO THE FOLLOWING FIELD SOBRIETY TASK. WALK AND TURN, AND ONE LEG STAND. THE TASKS WERE READ FROM PREPARED TEXT, AND DEMONSTRATED. I OBSERVED THE FOLLOWING INDICATORS OF IMPAIRMENT. WALK AND TURN, LOOSES BALANCE DURING INSTRUCTIONS, DOES NOT TOUCH HEEL TO TOE ON ANY OF THE STEPS, STEPPED OFF LINE, USED ARMS TO BALANCE DURING ENTIRETY OF TASK, AND IMPROPER TURN, ONE LEG STAND, SWAYS WHILE BALANCING, USES ARMS TO BALANCE DURING ENTIRETY OF TASK, BEGAN HOPPING AT THE COUNT OF THREE THOUSAND UNTIL END OF TASK AT NINE THOUSAND, AND HE PUT HIS FOOT DOWN. AT THIS TIME, BASED ON MY PROBABLY CAUSE, I ADVISED MR LEGGETT THAT HE WAS UNDER ARREST FOR OPERATING A VESSEL WHILE IMPAIRED. MR LEGGETT WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN TO A CITRUS COUNTY SHERIFFâS OFFICE PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT CITRUS COUNTY DETENTION FACILITY MR LEGGETT WAS READ HIS IMPLIED CONSENT, REQUESTING HIM TO SUBMIT TO AN APPROVED TEST OF HIS BREATH TO DETERMINE HIS BREATH ALCOHOL CONTENT. LEGGETT STATED HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. AT THIS TIME, MR LEGGETT WAS ISSUED CITATION NUMBER V368549, FOR OPERATING A VESSEL UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES ANY CHEMICAL SUBSTANCE SET FORTH IN SECTION 877.111 OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 WHEN AFFECTED TO THE EXTENT THAT THE PERSONâS NORMAL FACULTIES ARE IMPAIRED 327.35 (1) (A), WITH A MANDATORY COURT APPEARANCE ON 061112 AT 0830 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
