| Probable cause affidavit: |
SUBMITTED BY: BEHNEN, JONATHAN 0442 (AR08105840) 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 101908 AT APPROXIMATELY 1822 HOURS, THE CITRUS COUNTY SHERIFF'S OFFICE EMERGENCY OPERATION'S CENTER RECEIVED A CALL IN REFERENCE TO A BLACK JEEP NORTHBOUND ON US HIGHWAY 19, IN THE AREA OF HOME DEPOT IN CRYSTAL RIVER, THAT WAS DESCRIBED TO BEING ALL OVER THE ROADWAY. A TAG NUMBER WAS PROVIDED OF 34794. THE CALL WAS ASSIGNED TO THIS DEPUTY DUE TO BEING IN THE AREA AT THE TIME THE CALL CAME IN. IN THE AREA OF US HIGHWAY 19 AND SOUTHEAST MAYO DRIVE, THIS DEPUTY OBSERVED A BLACK JEEP TRAVELING NORTHBOUND ON US HIGHWAY 19. I IMMEDIATELY TURNED MY PATROL VEHICLE AROUND AS I WAS TRAVELING SOUTHBOUND AND VERIFIED THAT THE TAG NUMBER MATCHED THAT WHICH HAD BEEN PROVIDED. THIS DEPUTY CAUGHT UP TO THE JEEP IN THE AREA OF CLAWDADDY'S RESTAURANT. I BEGAN AN OBSERVATION PHASE OF THE VEHICLE'S DRIVING HABITS. WHILE APPROACHING THE INTERSECTION OF US HIGHWAY 19 AND SOUTHEAST KINGS BAY DRIVE, TRAVELING DIRECTLY BEHIND the JEEP IN THE CENTER LANE, I OBSERVED THE VEHICLE SWAYING TO THE LEFT AND THEN BACK TO THE CENTER. AT ONE POINT, THE VEHICLE SWAYED TO THE LEFT AND A BLUE IN COLOR CHEVROLET PICKUP TRUCK HAD TO TAKE EVASIVE ACTION DUE TO THE BLACK JEEP ALMOST SIDE-SWIPING THIS VEHICLE. IT SHOULD BE NOTED THE OCCUPANTS OF THIS BLUE CHEVROLET PICKUP TRUCK WERE UNKNOWN. WITH MY EMERGENCY LIGHTS ACTIVATED, I CONDUCTED A TRAFFIC STOP WHERE THE VEHICLE PULLED IN TO THE PARKING LOT OF 257 NORTHEAST US HIGHWAY 19. UPON WALKING UP TO THE VEHICLE AND MAKING CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR DAVID SCOTT FINLEY, I OBSERVED THAT HE WAS THE ONLY OCCUPANT IN THE VEHICLE. I ASKED THE DEFENDANT IF HE WAS UNDER MEDICAL DISTRESS, TO WHICH HE STATED NO. I ADVISED THE DEFENDANT AS TO THE REASON FOR THE TRAFFIC STOP, TO WHICH HE STATED "BULLSHIT." DURING THIS BRIEF CONVERSATION, I DID DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AS HE SPOKE. THE DEFENDANT'S SPEECH WAS SLURRED AND HIS EYES WERE GLASSY AND BLOODSHOT. I COMPLETED A WRITTEN WARNING, WARNING NUMBER 232415B, FOR DRIVING LEFT OF CENTER AND THEN ASKED THE DEFENDANT TO EXIT HIS VEHICLE TO CONDUCT FIELD SOBRIETY TASKS. 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 HE DID HAVE POST TRAUMATIC STRESS DISORDER SYNDROME AND HAD HAD SURGERY ON HIS LEFT LEG. THIS DEPUTY TOOK THOSE FACTORS INTO CONSIDERATION THROUGHOUT THE FIELD SOBRIETY TASKS. IT SHOULD ALSO BE NOTED THAT AS THE DEFENDANT EXITED HIS VEHICLE, HE WAS EXTREMELY UNSTEADY ON HIS FEET, STUMBLING AS HE WALKED. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ANY ALCOHOL TODAY, TO WHICH HE ADVISED HE HAD DRUNK TWO BEERS. TASK ONE, ALPHABET RECITATION TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS EYES CLOSED, COULD NOT KEEP HIS ARMS TO HIS SIDE NOR MAINTAIN HIS BALANCE IN A FIXED POSITION. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE ON THE STRAIGHT YELLOW LINE, USED HIS ARMS TO BALANCE, DID NOT TOUCH HEEL TO TOE ON ANY STEP AND HAD TO BE REMINDED TO TAKE THE SECOND SET OF STEPS. TASK THREE HORIZONTAL GAZE NYSTAGMUS. THE DEFENDANT COULD NOT MAINTAIN A FIXED VISUAL POSITION ON THE TIP OF MY PEN. UPON MOVING THE PEN, THE DEFENDANT'S EYES MAINTAINED A FIXED VISUAL POSITION ON THIS DEPUTY. DUE TO THE RESULTS OF THE FIRST THREE TASKS, THIS DEPUTY DETERMINED A FOURTH TASK WOULD NOT BE NECESSARY AS THIS DEPUTY DETERMINED THE DEFENDANT WAS CLEARLY INTOXICATED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) 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 HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE DEFENDANT'S WIFE WHO HAD ARRIVED ON SCENE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .228 AND .228. 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 4164-XDX, WITH A MANDATORY COURT APPEARANCE ON 110608 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
