| Date of birth: | Feb 1, 1986 |
| Probable cause affidavit: | SUBMITTED BY: RUSSO, CAROLYN N236 (AR-2433) ON 081812, At approximately 1745 HOURS, I was on water patrol on the Homosassa River near Marker 27. I observed a vessel (FL 8840 DM) violate the idle speed no wake zone on a full plane. I performed a vessel stop on the vessel to address the violation and conducted a routine safety inspection. I identified the operator by his driverâs license as MR David Scott LAMBERT II (DEFENDANT). I advised MR LAMBERT of the violation and asked if he had the vessel registration, a whistle, and the required amount of Life Jackets for him and his one passenger. He did not have the registration certificate on board. The water was calm with no waves and the sky was clear. While he got the Life Jackets from the bow of his vessel he swayed and stumbled on his way from the steering console. After the safety inspection I asked him to take his sunglasses off and after he did I could see his eyes were glassy and bloodshot. I could also smell a strong and distinct odor of an alcoholic beverage coming from his person. I noticed the floor board of his vessel was full of empty bud-light cans. I asked MR LAMBERT if he would submit to the field sobriety tasks. He agreed to and I towed him to a near-by residence at the end of Garcia ROAd in Homosassa, FL. Once on land I began the Field Sobriety tasks. From the Field Sobriety Task Performance Report I asked him the Pre-task questions to which he stated ânoâ to each one except the first question he added that he had broken his shoulder once. I also read the General instructions, and he answered âyesâ to each question. For each task I read the instructions and demonstrated the tasks to MR LAMBERT. I had him confirm he understood each task before I had him begin. Task One- Horizontal Gaze Nystagmus: He was not wearing contacts or glasses. I read the instructions and he stated âyesâ he understood. I observed he had lack of smooth pursuit in both eyes, distinct and sustained nystagmus at maximum deviation in both eyes, and onset of nystagmus prior to 45 degrees in both eyes. He did not keep his head still even after I reminded him to. Task Two- Finger to Nose: I read the instruction and demonstrated the task. He began the task before told to do so by tilting his head back and closing his eyes. I reminded him not to begin until told and to wait until I finished the Instruction/demonstration. After I finished and confirmed he understood the task began. The following was observed: - \tHad his eyes open and I reminded him to close them - \tHesitated 3 times - \tDid not touch fingertip twice - \tMissed his nose at one point and hit his mouth - \tDid not bring his finger down four times Task Three- Palm Pat: I read the instruction and demonstrated the task. After I confirmed he understood the task began. The following was observed: -\tDid not count as instructed - \tDouble pat -\tDid not increase speed (I reminded him to more than once) Task Four- Walk and Turn: I read the instruction and demonstrated the task. During the instruction when I told him to place his left foot on the line, he instead placed his right foot on the line. I corrected him. After I completed the rest of the instruction/demonstration I confirmed he understood the task and had him begin. \tThe following was observed: - \tDid not touch heel to toe - \tUsed arms to balance -\tImproper turn Task Five- One Leg Stand: I read the instruction and demonstrated the task. After I confirmed he understood the task began. \tThe following was observed: Used arms to balance Put foot down Did not keep foot parallel Did not watch raised foot After the tasks were preformed I advised MR LAMBERT that he was under arrest for boating under the influence. He advised me to leave his vessel with his friend. Citrus County Sheriffâs Department was contacted and transported MR LAMBERT to the Citrus County Jail. While waiting for transport I read MR LAMBERT the Miranda warning and also the implied consent warning. He stated he would submit to the test of his breath. While at the Jail the breath test operator also read the implied consent warning and he consented to the test. The test results came back with a blood alcohol content of 0.138g/210L and 0.138g/210L. After MR LAMBERT was advised he was under arrest he stated he had been âway more intoxicated than this,â while operating a vessel before. He also stated he was violating probation. He told me he was on probation for Marijuana possession. He stated he âloved marijuana.â MR LAMBERT was warned for no registration certificate, cited for an infraction for violating the idle speed zone, and issued a misdemeanor citation for boating under the influence. His court date was set for 100112 at 0830 HOURS. His bond was set at $500.00 per the bond schedule. |
| Inmate name: | DAVID SCOTT LAMBERT |
| Arrest number: | 2923 |
| Arrest date: | Sep 27, 2012 |
| Arrest type: | Warrant/Capias |
| Booking location: | Citrus County, FL |
| Arrest number: | 2433 |
| Arrest date: | Aug 18, 2012 |
| Arrest type: | Misdemeanor |
| Booking location: | Citrus County, FL |
| Code: | 327.35(1)(C) |
| Charge description: | Boat Under Influence - 1st Off - BAC .08 Grams per 210 |
| Bond amount: | $500 |
| Code: | 948.06 M |
| Charge description: | Violation of Probation or Community Control (Misdemeanor) |
| Bond amount: | $205 |
