| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11123249) 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; DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED FOR DRIVING UNDER THE INFLUENCE, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 102111 AT APPROXIMATELY 2250 HOURS, I RESPONDED TO THE INTERSECTION OF WEST HIGHLAND STREET AND SOUTH SUNCOAST BOULEVARD IN HOMOSASSA TO MEET WITH DEPUTY PHILLIPS WHO HAD ATTEMPTED TO STOP A SUBJECT ON A 2005 SUZUKI BLUE MOTORCYCLE WITH A NEW MEXICO LICENSE PLATE OF 04572A. AS I ARRIVED AND MADE CONTACT WITH DEPUTY PHILLIPS, HE TOLD ME THAT HE WAS DISPATCHED TO ARBY'S LOCATED IN THE CITY OF CRYSTAL RIVER IN REFERENCE TO A DRUNK DRIVER. HE STATED ONCE HE ARRIVED, HE OBSERVED THE SUSPECT, MR DAVID DEMELLO, OPERATING THE MOTORCYCLE IN THE PARKING LOT, CIRCLING THE PARKING LOT APPROXIMATELY THREE TIMES. THE SUSPECT THEN TURNED SOUTH ONTO US HIGHWAY 19 AND TRAVELED SOUTHBOUND. DEPUTY PHILLIPS STATED THAT HE ATTEMPTED TO CONDUCT A TRAFFIC STOP WHICH THE SUSPECT FAILED TO YIELD FOR. DEPUTY PHILLIPS THEN FOLLOWED THE SUSPECT, WITH HIS EMERGENCY LIGHTS AND SIRENS ACTIVATED, TO THE INTERSECTION OF WEST HIGHLANDS STREET AND SOUTH SUNCOAST BOULEVARD AND THE DEFENDANT WAS WEAVING IN AND OUT OF THE SOUTHBOUND LANES, TRAVELING FROM THE INSIDE TO THE OUTSIDE TRAFFIC LANES. AT THE INTERSECTION OF WEST HIGHLAND STREET AND SOUTH SUNCOAST BOULEVARD, THE SUSPECT ATTEMPTED TO MAKE A U-TURN AND TRAVELED ONTO WEST HIGHLAND STREET, MAKING A LEFT HAND TURN TOO WIDE AND TRAVELING INTO THE GRASS ONTO THE EAST SIDE OF SOUTH SUNCOAST BOULEVARD. THE DEFENDANT THEN DROPPED THE MOTORCYCLE AND FELL ON THE GROUND. DEPUTY PHILLIPS THEN STOPPED WITH HIS EMERGENCY LIGHTS ACTIVATED TO ASSIST THE DRIVER. ONCE DEPUTY PHILLIPS MADE CONTACT WITH THE SUSPECT, HE BEGAN COMPLAINING THAT HIS LEG WAS HURTING. EMERGENCY MEDICAL SERVICES RESPONDED TO ASSIST THE SUSPECT. AFTER THEIR EVALUATION IT WAS DISCOVERED THAT THE SUSPECT WAS NOT INJURED AND THAT THERE WAS NO DAMAGE TO THE MOTORCYCLE. I HAD MADE CONTACT WITH THE DRIVER OF THE MOTORCYCLE AND ASKED HIM WHAT HAD HAPPENED, TO WHICH HE STATED THAT HE WAS GOING HOME AND MAKING THE U-TURN AT THIS INTERSECTION AND FELL INTO THE GRASS AFTER MAKING THE TURN TOO WIDE. I INFORMED HIM THAT I RESPONDED TO THE SCENE TO INVESTIGATE A TRAFFIC CRASH. WHILE I WAS SPEAKING WITH HIM I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ASKED THE SUSPECT WHERE HE WAS COMING FROM AND HE STATED THE OAR HOUSE AND THAT HE HAD APPROXIMATELY THREE BEERS AT THE BAR. I INFORMED HIM THAT I WAS SWITCHING MY INVESTIGATION FROM A TRAFFIC CRASH TO A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. 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 TAKES A LOT OF MEDICATION, BUT THAT IT WOULD NOT PREVENT HIM COMPLETING FIELD SOBRIETY TASKS. 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 SUSPECT. DURING THIS TASK, THE SUSPECT STARTED TO STUMBLE, WAS UNABLE TO PUT HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT AND STUMBLED OFF OF THE LINE. THE SUSPECT STATED "I DECLINE TO DO THIS; I WILL NOT WASTE YOUR TIME". TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED "I WILL NOT WASTE YOUR TIME ON THIS ONE EITHER". THE SUSPECT WAS SWAYING LEFT TO RIGHT, HAD SLURRED SPEECH AND GLASSY EYES WHILE I WAS SPEAKING WITH HIM AND ATTEMPTING TO DEMONSTRATE THE FIELD SOBRIETY TASKS. THE SUSPECT STATED TO ME A COUPLE OF TIMES THAT HE WANTED ME TO TAKE HIM HOME. AT THAT TIME, THE SUSPECT 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 STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PARKED AT THE NISSAN DEALERSHIP ON SOUTH SUNCOAST BOULEVARD FOR FAMILY TO PICK UP. 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 .242 AND .232. A CHECK OF THE DEFENDANT'S DRIVER'S LICENSE REVEALED THAT HIS LICENSE WAS SUSPENDED IN NEW MEXICO ON 030811 AND 042411 FOR DRIVING UNDER THE INFLUENCE. IT ALSO STATES THAT HE HAD AN INTERLOCK LICENSE EXTENSION OUT OF NEW MEXICO, WHICH WAS ISSUED ON 040511 AND EXPIRED ON 052011. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND AND A $10,000.00 BOND FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 4962XDXX WITH A MANDATORY COURT APPEARANCE ON 111011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION 5565GQF8 FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH A MANDATORY COURT APPEARANCE ON 111011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5564GQF7 FOR DRIVING A MOTORCYCLE WITHOUT AN ENDORSEMENT WITH A MANDATORY COURT APPEARANCE OF 111011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5563GQF6, FOR FAILURE TO DRIVE WITHIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
