| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR09108401) 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 033009 AT APPROXIMATELY 1040 HOURS, THIS DEPUTY WAS ADVISED A VEHICLE BEARING FLORIDA TAG NUMBER J589JV BEING A RED FORD MUSTANG HAD JUST RUN A STOP SIGN IN CITRUS HILLS AND HAD DAMAGED PROPERTY AT 602 NORTH FRESNO STREET. THE COMPLAINANT WAS ABLE TO ADVISE DISPATCH OF THE TAG NUMBER. AT THAT TIME, DEPUTY RAMOS HAD RESPONDED TO THE AREA TO MAKE CONTACT WITH THE COMPLAINANT AND THE PROPERTY OWNERS. I CONTINUED TO TRAVEL WEST ON HIGHWAY 44 TRYING TO MAKE CONTACT WITH THE VEHICLE AND THE DRIVER. AT THAT TIME, DISPATCH ADVISED ANOTHER UNIT HAD STOPPED SAID VEHICLE AT 3275 WEST GULF TO LAKE HIGHWAY. UPON RESPONDING TO THAT LOCATION, I MADE CONTACT WITH THE DEPUTY ON SCENE. HE ADVISED THAT THE DRIVER, IDENTIFIED AS MR DAVID LOVETT, WAS ATTEMPTING TO GET THE VEHICLE INTO GEAR. IT SHOULD BE NOTED THAT THE VEHICLE IS AN AUTOMATIC TRANSMISSION VEHICLE. UPON OBSERVATION OF THE VEHICLE, IT HAD DAMAGE TO THE DRIVER'S SIDE OF THE VEHICLE AND WAS MISSING THE DRIVER'S SIDE MIRROR. THE VEHICLE HAD FRESH GLASS, DIRT, AND TREE BRANCHES STUCK IN THE FRONT BUMPER. IN SPEAKING WITH MR DAVID LOVETT (DEFENDANT), HE DID ADVISE THAT HE HAD RUN THROUGH A YARD AND HE APOLOGIZED FOR ANY DAMAGE. HE APPEARED VERY LETHARGIC IN HIS SPEECH AND HIS BODY ACTIONS. HE ADVISED THAT HIS LICENSE HAD BEEN CONFISCATED REFERENCE A PREVIOUS INCIDENT ON SUNDAY, 032909. IT ALSO SHOULD BE NOTED THAT MR LOVETT'S VEHICLE WAS ALSO INVOLVED IN A PREVIOUS INCIDENT OF A RECKLESS VEHICLE IN THE AREA OF NORTH CROFT ON 033009 AT APPROXIMATELY 0900 HOURS. IN FURTHER QUESTIONING OF MR LOVETT, I ASKED IF HE WAS ON ANY TYPE OF MEDICATION OR HAD CONSUMED ANY TYPE OF ALCOHOLIC BEVERAGES. HE ADVISED HE DOES NOT DRINK ALCOHOL, HOWEVER, HE DOES TAKE ALPRAZAPAM (XANAX). I ASKED HIM HOW MANY HE HAD TAKEN TODAY TO WHICH HE INITIALLY STATED HE HAD TAKEN TWO 2 MILLIGRAM PILLS EARLY THIS MORNING. HOWEVER, HE ADVISED LATER HE HAD TAKEN TWO PILLS LATE LAST NIGHT AND THEN TWO PILLS EARLIER THIS MORNING. AT THAT TIME, I HAD MR LOVETT EXIT HIS VEHICLE. HE WAS ASKED IF HE WOULD SUBMIT TO FIELD SOBRIETY EXERCISES TO WHICH HE STATED YES. 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 DID NOT. I ASKED HIM IF HE COULD EMPTY OUT HIS POCKETS INTO THE TRUNK OF HIS VEHICLE. HOWEVER, HE DID NOT REPLY AND JUST LEANED AGAINST THE VEHICLE. IT SHOULD BE NOTED UPON MR LOVETT EXITING HIS VEHICLE HE WAS VERY UNSTEADY ON HIS FEET AND VERY LETHARGIC IN HIS MOTOR SKILLS. AT THAT TIME I ASKED MR LOVETT TO PERFORM 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 NO PURSUIT WHATEVER AND THE DEFENDANT DID NOT PERFORM THIS TASK. THE DEFENDANT JUST STARED BLANKLY INTO SPACE. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THE TASK EARLY, DID NOT KEEP HIS HEAD BACK OR HIS EYES CLOSED, AND DURING THE FIRST ATTEMPT OF THE RIGHT FINGER TO NOSE, THE DEFENDANT FELL BACK INTO HIS VEHICLE. AT THAT TIME, THE DEFENDANT WAS ASKED IF HE WOULD LIKE TO START THE TASK AGAIN TO WHICH HE STATED YES. THE DEFENDANT ONCE AGAIN DID NOT KEEP HIS HEAD TILTED BACK, HOWEVER, DID TOUCH HIS NOSE ON ALL FOUR ATTEMPTS. TASK THREE, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TILT HIS HEAD OR CLOSE HIS EYES. THE DEFENDANT QUOTED THE ALPHABET UNTIL HE GOT TO "Q", WHERE HE STATED "Q, U, T" AND STUMBLED BACK INTO HIS VEHICLE STOPPING THE ALPHABET. TASK FOUR, THE ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT, HOWEVER, ONCE EXPLAINED AND DEMONSTRATED THIS TASK STATED HE DID NOT WANT TO PERFORM ANYMORE TASKS AND STATED GO AHEAD AND "FLUNK ME". AT THAT TIME, THE DEFENDANT WAS ASKED IF HE WAS SURE HE DID NOT WANT TO PERFORM ANY MORE FIELD SOBRIETY TASKS TO WHICH HE STATED NO. 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 AND URINE. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF THE BLOOD ALCOHOL CONTENT OF HIS BREATH AND URINE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE WITH DEPUTY RAMOS AND KNIGHTLY TOWING RESPONDED TO TOW THE VEHICLE. A TOW SHEET WAS COMPLETED AND WILL BE TURNED IN TO RECORDS. 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 RESULTS BEING 000. AT THAT TIME, A URINE SAMPLE WAS REQUESTED OF THE DEFENDANT TO WHICH HE AGREED. AN APPROVED URINE KIT WAS USED AND A SAMPLE WAS GATHERED WHICH WAS FILLED WHICH WILL BE TURNED IN TO EVIDENCE TO BE TESTED. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9145XAI, WITH A MANDATORY COURT APPEARANCE OF 041609 AT 1300 HOURS. *NOT-EXEMPT* |
