| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATT 0085 (AR07005213) 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; AND 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 Statute 322.34(2)(a). ON 092107 AT APPROXIMATELY 2340 HOURS, I WAS DISPATCHED TO THE AREA OF HARDEE'S RESTAURANT IN HOMOSASSA IN REFERENCE TO A REPORT OF A VERBAL DISTURBANCE. I WAS ADVISED VIA DISPATCH THAT SUBJECTS IN A GRAY CHEVROLET PICK-UP TRUCK WERE AT THE DRIVE-THRU WINDOW ARGUING WITH EMPLOYEES OF HARDEE'S. I WAS ALSO ADVISED THAT IT APPEARED THAT THE DRIVER OF THE VEHICLE WAS INTOXICATED. UPON ARRIVAL, I WITNESSED THE VEHICLE AT THE DRIVE-THRU WINDOW. AS THE VEHICLE EXITED THE DRIVE-THRU WINDOW, I ACTIVATED MY EMERGENCY LIGHTS AND STOPPED THE VEHICLE IN THE PARKING LOT. I MADE CONTACT WITH THE DRIVER OF A 2000 GRAY CHEVROLET PICK-UP TRUCK, NOW KNOWN TO ME AS MR DANIEL MORRISON (DEFENDANT). I ASKED THE DEFENDANT IF EVERYTHING WAS ALRIGHT, TO WHICH HE STATED YES. I IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO NOTICED THAT THE DEFENDANT HAD A THICK TONGUE, HAD DIFFICULTY SPEAKING AND HIS EYES WERE BLOOD SHOT. WHILE SPEAKING WITH THE DEFENDANT, I NOTICED WHAT APPEARED TO BE A TWELVE-OUNCE CAN OF COORS LIGHT IN THE CUP HOLDER CLOSEST TO THE DRIVER'S SEAT. I REQUESTED THAT THE DEFENDANT EXIT THE VEHICLE, TO WHICH HE COMPLIED. THE DEFENDANT EXITED the VEHICLE USING THE VEHICLE FOR SUPPORT AND WALKED TO THE REAR CLOSEST TO MY PATROL VEHICLE. AT THAT TIME, I REQUESTED THAT THE DEFENDANT SUBMIT TO FIELD SOBRIETY TASKS IN ORDER TO DETERMINE HIS CURRENT STATE. THE DEFENDANT AGREED TO SUBMIT TO THE TASKS. PRIOR TO THE TASKS, IT WAS DETERMINED THAT THE DEFENDANT HAD A HIGH SCHOOL EDUCATION, WAS NOT WEARING CONTACTS OR GLASSES AND WAS NOT CURRENTLY TAKING ANY TYPES OF MEDICATION. HE ALSO ADVISED THAT HE HAD NO PHYSICAL DISABILITIES. WHILE SPEAKING WITH THE DEFENDANT, I COULD DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE APPROXIMATELY TWO AND A HALF FEET FROM HIS PERSON. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE STATED YES, HE HAD SEVERAL BEERS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. 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. DURING THE FIRST ATTEMPT, THE DEFENDANT HAD TO BE REMINDED NOT TO MOVE HIS HEAD WHILE FOLLOWING THE STIMULUS. TASK TWO, RHOMB ERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT HIS EYES OPEN WHILE ATTEMPTING THE TASK AND SWAYED FROM THE RIGHT TO THE LEFT, HAVING TO CATCH HIMSELF. I ALLOWED THE DEFENDANT A SECOND OPPORTUNITY TO PERFORM THE TASK AFTER EXPLAINING AND DEMONSTRATING IT AGAIN. THE DEFENDANT KEPT HIS EYES OPEN AND SWAYED FROM THE LEFT TO THE RIGHT. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT HIS EYES OPEN. WHEN ASKED TO TOUCH HIS LEFT INDEX FINGER TO THE TIP OF HIS NOSE, THE DEFENDANT PLACED THE MIDDLE OF HIS INDEX FINGER ON HIS NOSE AND KEPT IT THERE. THE DEFENDANT NEARLY FELL WHILE ATTEMPTING THE TASK. I HAD TO TELL THE DEFENDANT AFTER THIRTY SECONDS TO PUT HIS LEFT ARM BACK DOWN TO HIS SIDE. WHEN ASKED TO PLACE HIS RIGHT INDEX FINGER ON THE TIP OF NOSE, THE DEFENDANT PLACED H IS RIGHT INDEX FINGER ON THE TIP OF HIS NOSE; HOWEVER, HE MOVED HIS FEET APART TO GAIN HIS BALANCE AND KEPT HIS FINGER ON HIS NOSE FOR APPROXIMATELY THIRTY SECONDS. HE AGAIN HAD TO BE TOLD TO PUT HIS RIGHT ARM DOWN. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FOUR, ONE-LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO PICK UP HIS LEFT LEG; HOWEVER, HE COULD NOT PICK IT UP MORE THAN TWO INCHES AND THEN IMMEDIATELY PUT IT BACK DOWN. THE DEFENDANT USED HIS ARMS FOR BALANCE, LOOKED STRAIGHT AHEAD AND DID NOT COUNT OUT LOUD DURING THE TASK AS INSTRUCTED. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FIVE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN THE STARTING POSITION AND WHEN HE ATTEMPTED THE TASK, HE STARTED PRIOR TO BEING TOLD TO DO SO. THE DEFENDANT USED HIS ARMS FOR BALANCE, DID NOT WALK HEEL TO TOE AND LOOKED STRAIGHT AHEAD. THE DEFENDANT ALSO DID NOT COUNT THE CORRECT AMOUNT OF STEPS AND UPON WALKING BACK, THE DEFENDANT USED HIS ARMS FOR BALANCE AND TRIPPED OVER HIS OWN FEET. THE DEFENDANT COULD NOT COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS 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 SECURED AND LEFT ON SCENE AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .224 AND .218. WHILE AT THE DETENTION FACILITY, THE DEFENDANT'S DRIVER'S LICENSE STATUS WAS CHECKED AND IT WAS DISCOVERED THAT HIS DRIVER'S LICENSE HAD BEEN SUSPENDED ON 031306 FOR THIRTY DAYS FOR TWELVE POINTS WITHIN TWELVE MONTHS. THE DEFENDANT'S DRIVER'S LICENSE WAS STILL SUSPENDED ON THIS DATE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND AND CHARGED WITH DRIVING WHILE HIS DRIVER'S LICENSE WAS SUSPENDED/REVOKED WITH A $500.00 BOND, BOTH PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 467020W, WITH A MANDATORY COURT APPEARANCE OF 101107 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5889-FGW, FOR DRIVING WHILE HIS DRIVER'S LICENSE WAS SUSPENDED/REVOKED WITH THE SAME MANDATORY COURT APPEARANCE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5890-FGW, FOR OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE BY DRIVER WITH A $120.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
