| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR08102098) 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). ON 030908, AT APPROXIMATELY 1331 HOURS, DEPUTY BERGEN WAS WAVED DOWN BY A PASSERBY AND ADVISED that A GREEN DODGE PICKUP TRUCK WAS RUNNING PEOPLE OFF THE ROADWAY. DEPUTY BERGEN WITNESSED the VEHICLE CROSSING OVER BOTH LANES AND FAILING TO MAINTAIN A SINGLE LANE. DEPUTY BERGEN ALSO ADVISED HE OBSERVED the DRIVER CAUSE SEVERAL VEHICLES TO ALMOST HAVE AN ACCIDENT. I RESPONDED AS BACKUP AND UPON ARRIVAL, I MADE CONTACT WITH DEPUTY BERGEN WHO GAVE ME A DRIVER'S LICENSE IDENTIFYING THE DRIVER OF THE VEHICLE AS MR DARREN R MCCABE (DEFENDANT). UPON MAKING CONTACT WITH MR MCCABE, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM MR MCCABE'S PERSON AND I OBSERVED that MR MCCABE WAS UNSTEADY ON HIS FEET. I THEN ADVISED MR MCCABE THAT I WOULD BE CONDUCTING A SERIES OF FIELD SOBRIETY TASKS. DEPUTY C DOYLE THEN ACTIVATED HIS IN-CAR VIDEO CAMERA. 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 BUT HE DOES WEAR GLASSES. 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 COULD NOT STAND FOR INSTRUCTIONS, HE FELL OFF THE LINE AT LEAST THREE TIMES, SEVEN OF HIS STEPS WERE NOT HEEL TO TOE, HE DID NOT MAKE A SMALL PIVOT, AND HE DID NOT WALK HEEL TO TOE. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE HE WAS TOLD TO. HE LIFTED HIS RIGHT FOOT FOR THE COUNT OF TWO AND THEN PUT HIS FOOT DOWN, AND USED HIS ARMS FOR BALANCE. ON HIS SECOND TRY, HE LIFTED HIS LEFT FOOT APPROXIMATELY ONE INCH, PUT HIS FOOT DOWN AFTER THE COUNT OF SIX AND WAS EXTREMELY UNSTEADY. THE DEFENDANT COULD NOT COMPLETE THIS TASK. TASK FOUR, ALPHABET ROMBERG: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT RECITE THE ALPHABET BUT INSTEAD SANG IT AS A SONG AND DURING THIS SONG, HE GOT TO THE LETTER "Q" AND SAID the NUMBER "2" AND THEN COULD NOT FINISH. I EXPLAINED the EXERCISE AGAIN TO HIM AND ON THE SECOND TRY, HE COULD NOT REMEMBER "W" AND AFTER A PAUSE, HE SAID "W," "Y," "Z," X." TASK FIVE, FINGER TO NOSE: I THEN EXPLAINED AND DEMONSTRATED THE FINGER TO NOSE TEST. DURING THIS TASK, THE DEFENDANT MISSED HIS NOSE COMPLETELY ONE TIME AND THEN MISSED the TIP OF HIS NOSE FOUR TIMES. I ADVISED the DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. 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 TOWED BY PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY DETENTION FACILITY STAFF. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .279 AND .275. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (SECOND OFFENSE) WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 6937-XDO, WITH A MANDATORY COURT APPEARANCE OF 032708, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING 175300-B FOR FAILURE TO MAINTAIN SINGLE LANE AFFECTING TRAFFIC. IT SHOULD BE NOTED THAT THE DEFENDANT HAS BEEN ARRESTED PER "DAVID" TWO OTHER TIMES BUT NOT CONVICTED OF "DUI.” *NOT-EXEMPT* |
