| Probable cause affidavit: |
SUBMITTED BY: HELLSTROM, ERIK FHP 0902 (AR10113646) 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. THE DEFENDANT WAS INVOLVED IN A TRAFFIC ACCIDENT AT US HIGHWAY 19 AND VENABLE STREET. UPON MAKING CONTACT WITH THE DEFENDANT, HE HAD AN EXTREME ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH, HIS EYES WERE GLASSY, HE WAS SLUGGISH, AND HE FUMBLED WITH DOCUMENTS IN HIS WALLET. UPON EXITING HIS VEHICLE HE EXHIBITED POOR BALANCE, WAS STAGGERING AND REQUIRED ASSISTANCE TO STAND AND WALK. AT 2350 HOURS I EXPLAINED TO THE SUBJECT THAT I HAD CONCLUDED MY CRASH INVESTIGATION AND THAT I WAS BEGINNING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION AND I REQUESTED FIELD SOBRIETY EXERCISES, TO WHICH HE AGREED. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE COULD NOT DO IT, HE COULD NOT MAINTAIN HIS BALANCE DURING THE INSTRUCTIONS, AND HE STATED HE WAS TOO INTOXICATED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO RAISE HIS LEG BY BENDING HIS KNEE SEVERAL TIMES, WHICH WAS NOT IN ACCORDANCE WITH THE INSTRUCTIONS, HE AGAIN STATED HE WAS TOO INTOXICATED. BASED ON HIS PERFORMANCE I PLACED THE SUBJECT UNDER ARREST FOR DUI AND DUI WITH PROPERTY DAMAGE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S CAR CENTER. 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 0.196 AT 0137 HOURS AND 0.188 AT 0140 HOURS. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) AND DUI WITH PROPERTY DAMAGE WITH A $1,000.00 BOND ($500.00 EACH CHARGE) PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 176859-J WITH A MANDATORY COURT APPEARANCE OF 032210 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3770-ECT, FOR DUI WITH PROPERTY DAMAGE, AND UNIFORM TRAFFIC CITATION NUMBER 3771-ECT FOR VIOLATION OF RIGHT OF WAY WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
