| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR08106444) REEVES, CHRISTOPHER 0663 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 112708 AT APPROXIMATELY 0204 HOURS, WHILE DRIVING EASTBOUND ON STATE ROAD 44 IN CRYSTAL RIVER, I OBSERVED A GREEN IN COLOR PICKUP TRUCK TRAVELING EASTBOUND IN FRONT OF ME DRIVING OVER THE CENTER LINE. AFTER OBSERVING THE TRUCK RIDE OVER THE CENTER LINE FOR QUITE SOME TIME. THE VEHICLE FAILED TO MAINTAIN HIS LANE OF TRAFFIC AND BECAUSE OF THIS, I CONDUCTED A TRAFFIC STOP FOR THE SAFETY OF OTHER VEHICLES ON THE ROADWAY. I ACTIVATED MY EMERGENCY LIGHTS AND THE PICKUP TRUCK PULLED OVER ON TO THE RIGHT SHOULDER OF THE ROAD AT THE INTERSECTION OF STATE ROAD 44 AND NORTHEAST 12TH STREET IN CRYSTAL RIVER. I MADE CONTACT WITH THE DEFENDANT, MR DAVID MELTON. AFTER INFORMING THE DEFENDANT OF THE REASON FOR THE TRAFFIC STOP, I ASKED HIM FOR HIS DRIVER'S LICENSE, PROOF OF INSURANCE AND THE VEHICLE REGISTRATION. AT THAT TIME, I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT'S BREATH AND PERSON. I ALSO OBSERVED THE DEFENDANT TO HAVE GLOSSY, BLOODSHOT EYES. I ASKED THE DEFENDANT IF HE HAD HAD ANYTHING TO DRINK EARLIER IN THE NIGHT, TO WHICH HE ADVISED THAT HE HAD BEEN DRINKING. HOWEVER, HE DID NOT ADVISE HOW MANY DRINKS HE HAD CONSUMED. THE DEFENDANT THEN STATED THAT HE HAD LEFT A HUNTING CAMP IN INGLIS EARLIER THAT NIGHT. I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS FOR ME, TO WHICH HE REPLIED HE WOULD BE WILLING TO DO SO. I ASKED THE DEFENDANT TO STEP TO THE REAR OF THE VEHICLE, WHICH HE DID. 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 HAD HAD BACK SURGERY IN THE PAST BUT THAT IT DID NOT SUBSTANTIALLY AFFECT HIM, TO WHICH CORPORAL BONURA REPLIED HE WOULD TAKE THAT INTO CONSIDERATION. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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 DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS; FAILED TO TOUCH HEEL TO TOE ON EVERY SINGLE STEP; TOOK TEN STEPS AFTER BEING INSTRUCTED ONLY TO TAKE NINE STEPS; CONSTANTLY LIFTED HIS ARMS TO BALANCE HIMSELF; AND NEVER STAYED ON A STRAIGHT LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS FOOT THE INSTRUCTED APPROXIMATE SIX INCHES OFF OF the GROUND; WAS ONLY ABLE TO RAISE HIS FOOT FOR APPROXIMATELY FIVE SECONDS, THEN STATED THAT HE COULD NOT PERFORM THE TASK. I ASKED THE DEFENDANT IF HE WANTED TO USE HIS OTHER FOOT, TO WHICH HE REPLIED HE WOULD. AFTER APPROXIMATELY THREE SECONDS, HE PUT HIS FOOT BACK ON THE GROUND AND STATED HE COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS; FAILED TO TOUCH HIS NOSE; FAILED TO RECOVER ON HIS OWN AFTER BEING INSTRUCTED TO DO SO; AND OBVIOUSLY SWAYED WHILE STANDING. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AT 0227 HOURS. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE PASSENGER, MS SUE VAUGHN, PER THE DEFENDANT'S REQUEST. 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 AT 0432 HOURS WITH THE TEST RESULTS BEING .156 AND .158. 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 7133-XDO, WITH A MANDATORY COURT APPEARANCE ON 121808 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
