| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, FHP2740 (AR2012-296) FHP CASE NUMBER: FHPC12OFF019921 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. ON 031212, AT 1456 HOURS, WHILE OPERATING STATIONARY RADAR ON LENA DRIVE, I OBSERVED THE DEFENDANT TRAVELING WESTBOUND IN A 2002 DODGE DURANGO AT AN ESTIMATED SPEED OF 50 MPH IN A POSTED 30 MPH ZONE. I ACTIVATED MY FRONT ANTENNA AT WHICH TIME I OBTAINED A READING OF 49, THEN 50 MPH STEADY WITH CLEAR AUDIO DOPPLER TONE. I CONDUCTED A TRAFFIC STOP AND MADE CONTACT WITH THE DEFENDANT WHO WAS THE ONLY OCCUPANT IN THE VEHICLE. I EXPLAINED THE REASON FOR THE STOP, AT WHICH TIME THE DEFENDANT TOLD ME HE WAS IN ROUTE HOME FROM GOLFING AND DID NOT THINK HE WAS TRAVELING 50 MPH. WHILE SPEAKING WITH THE DEFENDANT I NOTICED HIS EYES WERE RED AND GLASSY AND HIS SPEECH WAS SLIGHTLY THICK TONGUED. I RETURNED TO MY PATROL VEHICLE AND CONDUCTED A LICENSE AND WANTS AND WARRANTâS CHECK, AT WHICH TIME I AGAIN APPROACHED THE DEFENDANT AND REQUESTED HE EXIT THE VEHICLE FOR THE PURPOSE OF CONDUCTING SOBRIETY TASKS. WHILE STANDING OUTSIDE HIS VEHICLE, THE DEFENDANT WEAVED WHILE STANDING STATIONARY, AND UPON BEING REQUESTED, HE DID STATE HE HAD BEEN DRINKING ALCOHOLIC BEVERAGES WHILE GOLFING. 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 HAS LUNG PROBLEMS (EMPHYSEMA). TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. I HAD HIM REMOVE HIS GLASSES AND HE STATED HE COULD STILL FOCUS ON MY PEN WITHOUT GLASSES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. UPON COMPLETION OF THE HORIZONTAL GAZE NYSTAGMUS, THE DEFENDANT STATED HE HAD A FEW BEERS BUT DID NOT KNOW HOW MANY. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS LEFT FOOT, COUNTED 1002, 1001 AND THEN PUT HIS FOOT DOWN. ON HIS SECOND ATTEMPT HE RAISED HIS RIGHT FOOT AND THEN PUT IT DOWN IMMEDIATELY AND STATED HE COULD NOT DO THE EXERCISE. THE DEFENDANT FAILED TO COMPLETE THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE BEING TOLD TO DO SO, HAD DIFFICULTY STANDING HEEL TO TOE WHILE LISTENING TO INSTRUCTIONS, STUMBLED AND LOST HIS BALANCE WHILE LISTENING TO INSTRUCTIONS, STARTED BEFORE BEING TOLD TO START, USED HIS ARMS FOR BALANCE OVER SIX INCHES, TURNED IMPROPERLY, FAILED TO WALK HEEL TO TOE LEAVING A GAP BETWEEN HEEL TO TOE THROUGHOUT THE EXERCISE, STEPPED OFF LINE IN BOTH DIRECTIONS THROUGHOUT THE EXERCISE. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. AND INVENTORY SEARCH OF THE DEFENDANTâS VEHICLE FOR TOWING PURPOSES, REVEALED A WHITE IN COLOR STYROFOAM DRINKING CUP LOCATED ON THE RIGHT REAR FLOORBOARD, STANDING IN AN UPRIGHT POSITION, WITH NO LID AND HALF FULL OF A DARK RED LIQUID WHICH EMITTED AN ODOR OF AN ALCOHOLIC BEVERAGE, TO WIT: RED WINE. SAID CUP OF WINE WAS WITHIN REACH OF THE DEFENDANT WHILE SEATED IN HIS VEHICLE AT THE TIME OF THE TRAFFIC STOP AND IT IS BELIEVED THAT THE DEFENDANT PLACED SAID CUP OF WINE ON THE REAR FLOORBOARD UPON BEING SIGNALED OVER FOR UNLAWFUL SPEED. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLYâS WRECKER SERVICE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING: SAMPLE ONE .149, AND SAMPLE TWO .148. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) 2943-SZM FOR UNLAWFUL SPEED, AND FLORIDA UTC 2944-SZM FOR POSSESSION OF OPEN CONTAINER OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE BY DRIVER, AND FLORIDA UTC FOR DUI, UTC NUMBER 9677XBN. |
