| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07005514) DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION DID CAUSE DAMAGE THE PROPERTY OF ANOTHER, TO-WIT: A MOTOR VEHICLE, IN VIOLATION OF FLORIDA STATUTE 316.193(3) AND did, knowing his driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a) and did refuse to submit to a chemical or physical test of his breath, blood or urine, in violation of florida state statue 316.1939 and did willfully refuse to accept and sign a summons as provided in Chapter 318, Florida Statutes, in violation of Florida Statute 318.14(3). ON 100707 AT APPROXIMATELY 1958 HOURS, I WAS DISPATCHED TO THE AREA OF MAIN STREET AND LINE AVENUE, INVERNESS IN REFERENCE TO A TRAFFIC CRASH. DISPATCH ADVISED THAT THE CALL ORIGINALLY CAME IN AS RECKLESS DRIVER TRAVELING DOWN MAIN STREET PULLING AN AIRBOAT. UPON ARRIVAL, DEPUTY B SMITH WAS ALREADY ON SCENE. I MADE CONTACT WITH THE DEPUTY SMITH, WHO ADVISED THAT THE DRIVER/DEFENDANT, MR DAVID STRATTON WAS THE INDIVIDUAL DRIVING THE ALLEGED RECKLESS VEHICLE AND AT THE INTERSECTION OF MAIN STREET AND LINE AVENUE HE REAR ENDED ANOTHER VEHICLE. DEPUTY SMITH ALSO ADVISED THAT THE DEFENDANT MAY POSSIBLY BE UNDER THE INFLUENCE OF ALCOHOL. AT that TIME, I MADE CONTACT with THE DEFENDANT, WHO WAS ALREADY OUT OF THE VEHICLE AND ASKED HIM WHAT HAD HAPPENED. THE DEFENDANT ADVISED THAT HE WAS TRAVELING WEST ON MAIN STREET AND AT THE INTERSECTION OF MAIN STREET AND LINE AVENUE THE VEHICLE IN FRONT OF HIM SLAMMED ON THEIR BRAKES. THE DEFENDANT STATED THAT DUE TO HIM PULLING A BOAT TRAILER HE WAS UNABLE TO STOP IN TIME. WHILE SPEAKING WITH THE DEFENDANT I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO NOTICED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY AND THAT HIS SPEECH WAS SLURRED. THE DEFENDANT WAS ALSO UNABLE TO MAINTAIN HIS BALANCE AND HAD TO LEAN ON THE BOAT TRAILER TO AVOID FALLING OVER. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING, TO WHICH HE INITIALLY STATED HE HAD AND THEN LATER ADVISED THAT HE HAD CONSUMED ALCOHOLIC BEVERAGES PRIOR TO DRIVING, HOWEVER HE DID NOT ADVISE WHAT TYPE OR HOW MANY. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED THAT HE WAS COMING FROM THE LAKE PANOsoffkee AREA. AFTER CONCLUDING MY CRASH INVESTIGATION, I AGAIN MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM THAT I HAD CONCLUDED MY CRASH INVESTIGATION AND WAS NOT CONDUCTING A CRIMINAL INVESTIGATION FOR DUI. AT that TIME, I ASKED THE DEFENDANT HE IF WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO which HE STATED HE WOULD. IT SHOULD BE NOTED THAT THE FIELD SOBRIETY TASKS WERE CONDUCTED ON THE SIDEWALK WHICH WAS A SMOOTH FLAT SURFACE. AND A WHITE piece OF TAPE WAS PLACED ON the SIDEWALK TO BE USED AS A GUIDE. 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. 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. WHILE PERFORMING THIS TASK THE DEFENDANT SWAYED IN ALL DIRECTIONS MORE THAN TWO INCHES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. DURING THE INSTRUCTION PHASE THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE WHILE LISTENING TO INSTRUCTIONS AND STARTED THE TASK PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THIS TASK THE DEFENDANT MISSED heel TO TOE ON EVERY STEP, STEPPED OFF the LINE THREE TIMES, USED HIS ARMS TO ASSIST WITH BALANCING RAISING THEM OVER SIX INCHES, CONDUCTED AN IMPROPER TURN AND STAGGERED/STUMBLED WHILE TURNING. THE DEFENDANT ALSO HAD TO STOP WALKING TO STEADY HIMSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. WHILE ATTEMPTING TO PERFORM THIS TASK THE DEFENDANT ATTEMPTED TO RAISE HIS FOOT FOUR TIMES TO START THE TASK, HOWEVER WAS UNABLE TO MAINTAIN HIS BALANCE AND EVENTUALLY WAS UNABLE TO PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT KNEW RIGHT FROM LEFT. WHILE PERFORMING THIS TASK THE DEFENDANT DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED, DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE, FAILED TO RETURN HIS ARM TO HIS SIDE AND USED THE WRONG HAND FOR THE TASK. THE DEFENDANT ALSO SWAYED MORE THAN TWO INCHES IN ALL DIRECTION WHILE PERFORMING THIS TASK. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO which THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT COULD READ AND WRITE THE ENGLISH LANGUAGE AND THAT HE KNEW THE ALPHABET FROM A TO Z. WHILE PERFORMING THIS TASK the DEFENDANT SWAYED MORE THaN TWO INCHES IN ALL DIRECTIONs AND INCORRECTLY RECITED THE ALPHABET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS ADVISED OF HIS MIRANDA RIGHTS, TO WHICH THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS AND choose TO REMAIN SILENT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY SCALLY'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL at the detention facility, IT WAS DISCOVERED THAT THE DEFENDANT HAD SEVERAL PREVIOUS DUI'S, THE MOST RECENT BEING IN 1999 WHERE HE WAS CHARGEd WITH FELONY DUI. UPON RUNNING THE DEFENDANT'S DRIVER'S LICENSE HISTORY, IT WAS DISCOVERED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED FOR PREVIOUS DUI CHARGES. IT WAS ALSO DISCOVERED THAT THE DEFENDANT HAD TWO PREVIOUS REFUSALS TO SUBMIT. THE DEFENDANT WAS THEN READ HIS IMPLIED CONSENT BY CORRECTIONS STAFF REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE with property damage, driving while license suspended or revoked, and refusal to submit to blood/alcohol testing. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 6989-XDO, FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 102507 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBERs, 7417-FGW, FOR CARELESS DRIVING, 7418-FGW, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED OR REVOKED AND 7419-FGW, FOR REFUSAL TO SUBMIT to blood/alcohol testing. THE DEFENDAnT SIGNED ALL CITATIONS EXCEPT for THE DUI CITATION, THEREFORE HE WAS ALSO CHARGED WITH REFUSAL TO SIGN A CITATION. the defendant's total bond was set at $25,650.00 per the bond SCHEDULE. *NOT-EXEMPT* |
