| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR2434) THE DEFENDANT, MR DAVID FRANCIS BARKER, 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, MR DAVID FRANCIS BARKER, DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E). ON 081812 AT APPROXIMATELY 2150 HOURS, I RESPONDED AS BACKUP FOR SERGEANT CONNELY WHO WAS ON A TRAFFIC STOP AT 5348 WEST HOLIDAY STREET. UPON MY ARRIVAL, SERGEANT CONNELY ADVISED THAT HE HAD STOPPED THE DEFENDANT, DUE TO HIM DRIVING DOWN THE ROADWAY OF HOLIDAY STREET IN THE WRONG DIRECTION, AND DRIVING OFF OF THE SIDE OF THE ROAD TO THE NORTH SHOULDER. REFERENCE SERGEANT CONNELYâS SUPPLEMENT FOR DETAILS. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER AND SOLE OCCUPANT OF THE VEHICLE, AND WAS STILL SITTING BEHIND THE STEERING WHEEL IN THE DRIVERâS SEAT. I ASKED HIM WHY HE HAD BEEN STOPPED. HE IMMEDIATELY STATED, âWELL, IâVE BEEN DRINKING TONIGHT AT MY BUDDYâS HOUSE, AND I LIVE RIGHT AROUND THE CORNER, AND I WALK HOME.â I THEN ASKED THE DEFENDANT AGAIN IF HE KNEW HIGHWAY HE HAD BEEN STOPPED, TO WHICH HE STATED HE DID NOT. I THEN ADVISED THE DEFENDANT THAT HE HAD BEEN STOPPED BECAUSE HE WAS DRIVING DOWN THE WRONG SIDE OF THE ROADWAY. THE DEFENDANT THEN ADVISED THIS DEPUTY THAT HE HAD NOT BEEN DOING SO. THROUGHOUT MY ENCOUNTER WITH THE DEFENDANT, I DID DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS BREATH. HIS EYES WERE BLOODSHOT, AND HE HAD A HARD TIME REMEMBERING WHY HE HAD BEEN PULLED OVER. I THEN ASKED THE DEFENDANT IF HE WOULD STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TESTS, TO WHICH HE STATED, âWELL NO, YOUâRE GOING TO TAKE ME TO JAIL ANYWAY.â I ASKED THE DEFENDANT AGAIN IF HE WOULD PERFORM THE FIELD SOBRIETY TASKS, TO WHICH HE THEN AGREED TO DO SO. I THEN HAD THE DEFENDANT STEP OUT OF HIS VEHICLE, ONTO THE ROADWAY, WHERE THE SURFACE WAS SMOOTH AND FLAT. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID, BUT ADVISED THAT HE WOULD PERFORM THE TASKS, AND THAT HE WAS âGOOD.â TASK ONE, HORIZONTAL GAZE NYSTAGMUS. THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS, AND DID NOT FOLLOW THE TIP OF MY PEN WITH HIS EYES, INSTEAD LOOKING STRAIGHT AHEAD AT THIS DEPUTY THE ENTIRE TIME. I THEN AGAIN INSTRUCTED THE DEFENDANT ON WHAT TO DO, AND HE STILL STARED STRAIGHT AHEAD AT ME, WITHOUT MOVING HIS EYES. THE DEFENDANT DID NOT PASS THIS TASK. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LEFT HIS FOOT ON THE GROUND, AND COUNTED, âONE TWO, SEVEN,â AND THEN MUMBLED AND DID NOT GO ANY FURTHER. I ASKED THE DEFENDANT IF HE WAS GOING TO CONTINUE THE TASK, TO WHICH THE DEFENDANT WOULD NOT REPLY, AND SIMPLY STARED STRAIGHT AHEAD. THE DEFENDANT DID NOT PASS THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 DID NOT REFUSE NOR CONSENT TO THE APPROVED TEST OF HIS/HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMâS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH . THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7152XGA9, WITH A MANDATORY COURT APPEARANCE ON 091312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7360WLQ7, FOR REFUSAL TO SUBMIT TO A TEST OF ONEâS BREATH/URINE WITH A MANDATORY COURT APPEARANCE OF 091312 AT 1300 HOURS. |
