| Probable cause affidavit: |
SUBMITTED BY: CORCORAN, KEITH 5842 (AR11119176) 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). DID WILLFULLY REFUSE TO ACCEPT AND SIGN A SUMMONS, TO WIT: A DUI CITATION NUMBER 1677-XBN, IN VIOLATION OF FLORIDA STATE STATUTE 318.14(3). ON 020411 AT APPROXIMATELY 2322 HOURS, I WAS STOPPED AT THE LIGHT AT HIGHWAY 19 AND POWER LINE ROAD NORTH BOUND. I WAS IN THE INSIDE LANE AND THE DEFENDANT WAS IN THE OUTSIDE LANE STOPPED AT THE STOP BAR. AFTER THE LIGHT TURNED GREEN, THE DEFENDANT QUICKLY ACCELERATED. I THEN SWITCHED INTO THE OUTSIDE LANE AND ESTIMATED THE VEHICLE'S SPEED TO BE 75 MILES PER HOUR (MPH). I ACTIVATED MY DUAL STOCKER FRONT ANTENNA AND RECEIVED A TARGET SPEED OF 75 MPH IN A 60 MPH ZONE. I CAUGHT UP TO THE DEFENDANT AND ATTEMPTED TO INITIATE A TRAFFIC STOP BY ACTIVATING MY EMERGENCY LIGHTS IN THE AREA OF DUNNELLON ROAD. THE DEFENDANT SLOWED DOWN AND TURNED HIS RIGHT BLINKER ON AND CONTINUED NORTH BOUND ON HIGHWAY 19. I ACTIVATED MY SIREN AND THE DEFENDANT TURNED EAST ON NORTH BASSWOOD AVENUE AND TRAVELLED APPROXIMATELY ONE TENTH OF A MILE AND PULLED OVER ONTO THE SOUTH GRASSY SHOULDER. UPON MAKING CONTACT WITH THE DEFENDANT, I ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION, AND INSURANCE. AT THAT TIME, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND VEHICLE. I OBSERVED THE DEFENDANT'S EYES TO BE GLASSY AND HIS SPEECH TO BE SLURRED. AS THE DEFENDANT WAS LOOKING FOR HIS LICENSE AND VEHICLE INFORMATION, I ASKED IF HE HAD ANYTHING TO DRINK TONIGHT AND HE SAID "A COUPLE". AS THE DEFENDANT WAS HANDING ME HIS LICENSE, HIS MOVEMENTS WERE VERY SLOW AND UNCOORDINATED. AS THE DEFENDANT WAS LOOKING FOR HIS VEHICLE INFORMATION, I OBSERVED HIM TO BE FUMBLING WITH HIS PAPERS AND AS HE LOCATED THEM WAS NOT ABLE TO HAND THEM STRAIGHT TO ME. I ADVISED THE DEFENDANT THE REASON FOR THE TRAFFIC STOP AND ASKED HIM IF HE WOULD TAKE THE SOBRIETY TASKS. THE DEFENDANT STATED THAT "HE GUESSES". I ASKED THE DEFENDANT TO STEP FROM THE VEHICLE, AT WHICH TIME, HE DID. AS THE DEFENDANT WAS EXITING HIS VEHICLE, HE USED THE DRIVER'S DOOR FOR ASSISTANCE. I ASKED THE DEFENDANT TO STEP TO THE FRONT OF HIS VEHICLE AND FACE EAST ON NORTH BASSWOOD AVENUE. 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 THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. A PEN WAS USED TO PERFORM THIS TASK. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THIS TASK, I OBSERVED THE DEFENDANT TO SWAY SIDE TO SIDE. I MOVED THE PEN RIGHT TO LEFT AND THE DEFENDANT KEPT HIS EYES FORWARD AND WOULD NOT FOLLOW THE PEN. I EXPLAINED THIS TASK THREE DIFFERENT TIMES TO THE DEFENDANT AND EACH TIME THE DEFENDANT STATED HE UNDERSTOOD. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ASKED TO USE HIS LEFT INDEX FINGER. THE DEFENDANT TOUCHED THE SIDE OF HIS NOSE AND KEPT HIS FINGER ON THE SIDE OF HIS NOSE UNTIL I TOLD HIM TO PUT IT DOWN. I THEN DEMONSTRATED AND EXPLAINED THIS TASK TO THE DEFENDANT AGAIN, AT WHICH TIME, HE STATED HE UNDERSTOOD AGAIN. I ASKED THE DEFENDANT TO USE HIS LEFT INDEX FINGER AND THE DEFENDANT TOUCHED THE LEFT SIDE OF HIS NOSE. I ASKED THE DEFENDANT TO USE HIS RIGHT INDEX FINGER AND THE DEFENDANT TOUCHED THE MIDDLE OF HIS NOSE. I ASKED THE DEFENDANT TO USE HIS RIGHT INDEX FINGER AND THE DEFENDANT TOUCHED THE MIDDLE OF HIS NOSE A SECOND TIME. THE DEFENDANT HAD TO BE TOLD TO PUT HIS HAND DOWN AFTER EACH FINGER WAS USED. THE DEFENDANT KEPT TILTING HIS HEAD DOWN AND CONTINUED TO SWAY SIDE TO SIDE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, I HAD TO EXPLAIN AND DEMONSTRATE THIS TASK TO THE DEFENDANT THREE TIMES. THE DEFENDANT CHOSE TO USE HIS RIGHT LEG. AS THE DEFENDANT STARTED DOING THIS TASK, THE DEFENDANT WAS ABLE TO COUNT TO ONE, LOST HIS BALANCE, AND PUT HIS FOOT DOWN. THE DEFENDANT AGAIN STARTED OVER AND USED THE SAME LEG AND COUNTED TO ONE AND PUT HIS FOOT BACK DOWN AND SAID "REALLY?" I'M GOING TO JAIL ANYWAY.” TASK FOUR, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION PART OF THE TASK, THE DEFENDANT LOST HIS BALANCE FOUR TIMES. THE DEFENDANT BEGAN THE TASK AND LOST HIS BALANCE ON COUNT ONE, COUNT THREE HE FELL OFF THE LINE AND CONTINUED TO COUNT NINE, NEVER TOUCHING HEEL TO TOE AT EACH STEP. THE DEFENDANT TURNED AROUND AND TOOK ONE STEP AND CONTINUED TO COUNT TO NINE WITHOUT WALKING FORWARD AND GAVE UP ON THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. I ASKED THE PASSENGER, MS KATHLEEN STINES, WHERE THEY WENT ON THIS DATE. SHE STATED THEY WENT TO CODY'S RESTAURANT AND THEY HAD TWO BEERS. THEN SHE STATED THEY WENT TO THE OAR HOUSE AND HAD A COUPLE MORE DRINKS. DURING THE INVENTORY OF THE VEHICLE, I LOCATED A BLUE NYLON COOLER ON THE PASSENGER SIDE FLOORBOARD. INSIDE THE COOLER WERE FOUR ICED CANS OF BUD LIGHT. ON THE REAR OF THE CENTER CONSOLE, I LOCATED AN EMPTY CAN OF BUD LIGHT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMS TOWING WHO RESPONDED TO THE SCENE. AT 2339 HOURS, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD AND HE STATED HE DID NOT WANT TO TALK TO ME. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 4778-STZ FOR UNLAWFUL SPEED OF 75 MPH IN A 60 MPH ZONE AND DUI CITATION NUMBER 1677-XBN. AT THE DETENTION FACILITY, THE DEFENDANT BLEW A .168 ON HIS FIRST ATTEMPT AND HE REFUSED TO CONTINUE WITH THE TEST. THE DUI CITATION WAS MARKED WITH "REFUSAL TO SUBMIT TO TEST". I EXPLAINED THE DUI CITATION TO THE DEFENDANT AND THE DEFENDANT STATED HE DID NOT UNDERSTAND. I THEN EXPLAINED THE CITATION SEVERAL MORE TIMES TO THE DEFENDANT AND HE CONTINUED TO STATE HE DID NOT UNDERSTAND AND REFUSED TO SIGN THE SUMMONS. THE DEFENDANT WAS THEN ISSUED FLORIDA UTC NUMBER 4779-STZ FOR WILLFULLY REFUSING TO SIGN A CITATION. THE DEFENDANT'S BOND WAS SET FOR BOTH CHARGES AT $1,000.00. THIS INCIDENT OCCURRED IN CITRUS COUNTY, FLORIDA. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
