| Probable cause affidavit: |
SUBMITTED BY: TITUS, JOSHUA 1243 (AR16-18905) 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, THIRD CONVICTION MORE THAN TEN YEARS SINCE LAST CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B)(2). ON 040316 I RESPONDED TO 3 NEW FLORIDA AVENUE IN BEVERLY HILLS, IN REFERENCE TO A TRAFFIC ACCIDENT. UPON ARRIVAL, I OBSERVED A SILVER IN COLOR TOYOTA PICKUP TRUCK TO BE PARKED IN THE FRONT YARD OF 3 NEW FLORIDA AVENUE. I ALSO OBSERVED A WHITE MALE TO BE LEANING AGAINST THE EXTERIOR PART OF THE DRIVER'S DOOR. I OBSERVED THAT THE MAILBOX THAT BELONGED TO 3 NEW FLORIDA AVENUE WAS KNOCKED OVER, BROKEN AND LAYING ON THE GROUND. AT THAT TIME, I MADE CONTACT WITH THE DRIVER, MR DARRIN TAYLOR, WHO WAS LATER IDENTIFIED AS THE DEFENDANT AND I COULD IMMEDIATELY SMELL THE ODOR OF ALCOHOL. THE DEFENDANT WAS NOT STEADY ON HIS FEET. I ASKED THE DEFENDANT WHAT HAPPENED AND HIS RESPONSE WAS ''YEAH, YEAH''. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, AT WHICH TIME DEPUTY SANCHEZ WHO WAS ON SCENE, PROVIDED ME WITH THE DEFENDANT'S DRIVER'S LICENSE. I ASKED AGAIN FOR THE REGISTRATION AND PROOF OF INSURANCE FROM THE DEFENDANT, AT WHICH TIME HE GAVE ME A LOWE'S RECEIPT. I HELD THE RECEIPT UP TO HIM AND ASKED IF IT WAS THE REGISTRATION AND HE STATED YES, AND IT WAS ALSO THE INSURANCE CARD. CONTACT WAS MADE WITH THE HOMEOWNER IN REFERENCE TO THE TRAFFIC CRASH, AT WHICH TIME THE CRASH INVESTIGATION WAS COMPLETED. AT THAT TIME, I ADVISED THE DEFENDANT THAT I WAS CHANGING HATS FROM A TRAFFIC CRASH INVESTIGATION TO A DRIVING UNDER THE INFLUENCE INVESTIGATION. I ASKED THE DEFENDANT HOW MANY DRINKS HE CONSUMED TODAY AND HE STATED THAT HE DRANK A FEW BEERS. I ASKED THE DEFENDANT HOW MANY ARE A FEW, AND HE STATED THREE TO FOUR. WHILE SPEAKING WITH THE DEFENDANT, HE WAS VERY UNSTEADY ON HIS FEET AND HIS EYES WERE EXTREMELY BLOOD SHOT, GLASSY AND WATERY. I ASKED THE DEFENDANT WHERE HE CONSUMED THESE DRINKS AND HE STATED HIS RESIDENCE AND TOLD ME HIS ADDRESS, WHICH WAS IN HOMOSASSA. I ASKED THE DEFENDANT WHAT CITY WE WERE IN AND HE STATED INVERNESS. I ASKED THE DEFENDANT WHY HE WAS IN THE BEVERLY HILLS AREA AND HE STATED THAT HE WAS GOING TO SEE HIS FRIENDS AND HE KEPT POINTING AT THE PEOPLE WHO WERE STANDING OUTSIDE OF 3 NEW FLORIDA AVENUE. EVERY INDIVIDUAL AT THAT ADDRESS STATED THAT THEY DID NOT KNOW THE DEFENDANT. AT THAT TIME I ADVISED THE DEFENDANT THAT I WAS GOING TO CONDUCT FIELD SOBRIETY TASKS WITH HIM AND HE COMPLIED. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. WHEN I WOULD ASK THE DEFENDANT TO LOOK AT THE TIP OF MY PEN, THREE TIMES HE TOOK HIS RIGHT HAND AND PLACED IT ON THE TIP OF MY PEN. WHILE TRACKING, THE DEFENDANT COULD NOT KEEP HIS HEAD STILL. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE GIVING THE INSTRUCTIONS, THE DEFENDANT COULD NOT STAND UP RIGHT AND KEPT FALLING OFF BALANCE. DURING THIS TASK, THE DEFENDANT TOOK ONE STEP AND THEN STATED THAT HE COULD NOT DO IT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COUNTED TO ONE SECOND, LOST BALANCE AND STATED THAT HE COULD NOT DO IT. I OFFERED FOR HIM TO START OVER AND HE STATED AGAIN THAT HE COULD NOT DO IT. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEPUTY SANCHEZ REMAINED ON SCENE WITH THE DEFENDANT'S VEHICLE TO WAIT FOR PRECISION TOWING TO ARRIVE AND TOW THE VEHICLE; SEE HIS SUPPLEMENT. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .344 AND .328. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE THIRD CONVICTION, MORE THAN TEN YEARS SINCE HIS LAST CONVICTION WITH A $5,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0195-XEJ9, WITH A MANDATORY COURT APPEARANCE OF 042116 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A21CU6P, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. |
