| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09108059) 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 KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). WHILE ON PATROL IN CRYSTAL RIVER, FLORIDA, I DID OBSERVE A GREEN VAN TRAVELLING NORTH BOUND ON US HIGHWAY 19 AT A HIGH RATE OF SPEED FOLLOWING BEHIND AN EMERGENCY FIRE VEHICLE THAT WAS EN ROUTE TO A POSSIBLE FIRE. I ESTIMATED THE DEFENDANT'S SPEED TO BE OVER FIFTY FIVE MILES PER HOUR. I TURNED LEFT IN PURSUIT OF THE VEHICLE, ACTIVATED MY RADAR IN THE SAME DIRECTION MODE, RECEIVED A CLEAR DOPPLER TONE AND A VISUAL SPEED OF SIXTY FIVE MILES PER HOUR, AND ALSO GOT A SPEED OF SEVENTY MILES PER HOUR. MY PATROL SPEED AT THE TIME WAS SEVENTY THREE MILES PER HOUR. I THEN GOT BEHIND THE VEHICLE AND ACTIVATED MY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP BECAUSE THE VEHICLE THAT I WAS FOLLOWING STARTED SHAKING FROM SIDE TO SIDE AND IT WAS APPROACHING THE INTERSECTION AND OTHER TRAFFIC. UPON THE VEHICLE STOPPING IN THE PARKING LOT, I MADE CONTACT WITH THE DRIVER AND AFTER SPEAKING WITH THE DRIVER I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. AS I APPROACHED I ALSO WITNESSED THE DRIVER GRAB SOMETHING AND THROW SOMETHING TO THE GROUND BEHIND HIM WHICH TURNED OUT TO BE AN OPEN CAN OF BEER. AFTER SPEAKING WITH THE DRIVER, I ASKED FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. HE ADVISED AT THAT TIME THAT HE DID NOT HAVE A DRIVER'S LICENSE. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE AND UPON THE DRIVER STEPPING OUT OF THE VEHICLE; I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I OBSERVED THE DRIVER TO HAVE RED WATERY EYES, TO BE UNSTEADY ON HIS FEET, AND HAVE A SLIGHT SLUR TO HIS SPEECH. I MADE A COMMENT TO THE DRIVER ABOUT HOW MUCH HE HAD TO DRINK AND HE ADVISED THAT HE HAD FOUR TO FIVE DRINKS IN THE PAST HOUR. THE DRIVER THEN PUT HIS HANDS ON TOP OF HIS HEAD ADVISING ME TO GO AHEAD AND ARREST HIM FOR NOT HAVING A DRIVER'S LICENSE. I ADVISED THE DRIVER I WAS NOT PLACING HIM UNDER ARREST FOR NOT HAVING A DRIVER'S LICENSE AND THAT I COULD JUST WRITE CITATIONS FOR THAT. THE MORE I SPOKE WITH THE DRIVER; I BECAME AWARE THAT THE DRIVER WAS TOO INTOXICATED TO DRIVE. I ASKED THE DRIVER IF HE WOULD PARTICIPATE IN FIELD SOBRIETY TASKS TO WHICH HE ADVISED THAT HE WOULD. 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. BEFORE THIS TASK THE DEFENDANT STARTED PRIOR TO ME GIVING HIM THE INSTRUCTIONS AND AFTER HE WAS COMPLETED, I THEN GAVE THE DRIVER THE INSTRUCTIONS AND CONFIRMED THAT HE UNDERSTOOD WHAT HE WAS SUPPOSED TO DO. I THEN DEMONSTRATED THE TASK FOR THE DEFENDANT; HOWEVER, WHEN THE DEFENDANT STARTED THIS TASK, HE MISSED HEEL TO TOE MORE THAN THREE TIMES GOING IN EACH DIRECTION. I OBSERVED THE DEFENDANT STEP OFF THE LINE, FAIL TO FOLLOW INSTRUCTIONS UPON THE TURN AROUND AS FAR AS DIRECTION AND METHOD, AND ON HIS WAY BACK, HE REPEATED THE NUMBER OF STEPS AND WENT TEN STEPS INSTEAD OF NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AGAIN STARTED THIS TASK PRIOR TO BEING GIVEN THE COMPLETED INSTRUCTIONS. ONCE THE INSTRUCTIONS WERE GIVEN AND DEMONSTRATED, HE INDICATED THAT HE UNDERSTOOD AND STOPPED MULTIPLE TIMES BY PLACING HIS FOOT ON THE GROUND. THE DEFENDANT THEN HAD TO BE REMINDED TO KEEP HIS EYES AT HIS FEET BECAUSE HE REFUSED TO LOOK DOWN AT THE GROUND WHILE CONDUCTING THIS TASK. AT THE COMPLETION OF THIS TASK, THE DEFENDANT ADVISED THAT HE DID HAVE TOO MUCH TO DRINK; HOWEVER, ASKED ME NOT TO ARREST HIM FOR DRIVING UNDER THE INFLUENCE. I ADVISED THE DRIVER THAT I WAS PLACING HIM UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING ON A SUSPENDED LICENSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HANDCUFFED (DOUBLED LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, CORRECTIONAL STAFF OFFICER PRICE READ THE DEFENDANT HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AT THAT TIME WITH THE TEST RESULTS BEING .208 AND .209. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN A PARKING SLOT IN THE PARKING LOT PER THE DEFENDANT'S REQUEST AND THE KEYS WERE GIVEN TO HIS FRIEND AND PASSENGER. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7998FYK AND UNIFORM TRAFFIC CITATION NUMBER 7999FYK FOR DRIVING WHILE LICENSE IS SUSPENDED WITH A MANDATORY COURT APPEARANCE OF 032609, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7996FYK, FOR DRIVING SIXTY FIVE MILES PER HOUR IN A 45 MILE PER HOUR ZONE WITH A $266.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
