| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR08104902) 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. did, knowing HIS/HER 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). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A MOTORCYCLE WITHOUT THE PROPER ENDORSEMENT ON HIS FLORIDA DRIVERS LICENSE, IN VIOLATION OF FLORIDA STATE STATUTE 322.57(2) ON 082608 AT APPROXIMATELY 1310 HOURS I WAS DISPATCHED TO HIGHWAY 44 AND HIGHWAY 490 IN LECANTO IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL, I MET WITH THE DEFENDANT, MR DENNIS L MARTIN, AND ANOTHER DRIVER WHO WAS ALSO INVOLVED IN THE TRAFFIC CRASH. BOTH SUBJECTS STATED THEY WERE NOT INJURED AND REFUSED EMERGENCY MEDICAL SERVICES (EMS) TREATMENT. I OBSERVED THE WEATHER CONDITIONS AT THAT TIME TO BE MOSTLY SUNNY, WITH GOOD VISIBILITY AND THE ROAD CONDITIONS TO BE GOOD WITH NO OBVIOUS DEFECTS. UPON SPEAKING WITH THE SECOND DRIVER INVOLVED IN THE TRAFFIC CRASH, HE ADVISED HE WAS STOPPED ON HIGHWAY 44 IN THE OUTSIDE LANE WAITING FOR THE RED LIGHT AT HIGHWAY 490 . THE SUBJECT STATED HE FELT A SLIGHT IMPACT TO HIS VEHICLE AND THEN REALIZED A MOTORCYCLE OPERATED BY MR MARTIN HAD STRUCK THE REAR OF HIS VEHICLE. I NEXT MET WITH THE DEFENDANT, MR MARTIN, WHO STATED HE WAS TRAVELLING WEST ON HIGHWAY 44 AND WAS NOT ABLE TO STOP BECAUSE THE MOTORCYCLE HAD NO FRONT BRAKES. WHILE SPEAKING WITH MR MARTIN, I OBSERVED HIS EYELIDS WERE DROOPY, HIS EYES WERE GLASSY AND HIS speech WAS CONFUSED, THICK TONGUED AND SLURRED. WHEN ASKED FOR HIS DRIVERS LICENSE, MR MARTIN STATED HE DID NOT HAVE ONE ISSUED TO HIM. AT THAT TIME I ACTIVATED THE IN-CAR CAMERA SYSTEM OF MY PATROL VEHICLE AND REQUESTED MR MARTIN TO SUBMIT TO STANDARD FIELD SOBRIETY TASKS. AT THAT TIME, I ASKED MR MARTIN 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 WAS NEARSIGHTED. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT MR MARTIN HAD NO PROBLEMS WITH HIS EYES, APART FROM THE FACT THAT HE WAS NEARSIGHTED. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MARTIN. DURING THIS TASK, ON MR MARTIN'S FIRST ATTEMPT, HE LOST HIS BALANCE DURING INSTRUCTION, DID NOT TOUCH HEEL TO TOE ON ANY STEP, STEPPED OFF THE LINE AT STEP SIX, TOOK AN IMPROPER NUMBER OF STEPS (11), THEN IMPROPERLY TURNED (DID NOT TURN, AND WALKED BACKWARDS). MR MARTIN WAS AGAIN EXPLAINED AND DEMONSTRATED THIS TASK, AND ON HIS SECOND ATTEMPT, LOST HIS BALANCE DURING INSTRUCTIONS, STEPPED OFF THE LINE AT STEP SIX, TOOK AN IMPROPER NUMBER OF STEPS (10), AFTER WHICH HE STEPPED OFF THE LINE AT STEP THREE, THEN TOOK AN IMPROPER NUMBER OF STEPS (10) TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MARTIN. DURING THIS TASK, MR MARTIN WAS UNCERTAIN, FUMBLED THE TOUCH, AND DID NOT TOUCH THE TIP OF HIS NOSE WITH HIS FINGERTIP. MR MARTIN DID NOT RETURN HIS HAND TO HIS SIDE AND OPENED HIS EYES AND FAILED TO KEEP HIS HEAD TILTED BACK. TASK FOUR ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MARTIN. MR MARTIN WAS NOT ABLE TO PERFORM THIS TASK. AT THAT TIME, MR MARTIN WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. MR MARTIN WAS SEARCHED, HANDCUFFED, DOUBLE-LOCKED IN THE REAR AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, MR MARTIN'S VEHICLE WAS REMOVED BY ALL PRESTIGE TOWING. MR MARTIN WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNING BY CORRECTION OFFICER JAY WING. MR MARTIN AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .000. MR MARTIN WAS THEN REQUESTED TO PROVIDE A URINE SAMPLE, OF WHICH HE REFUSED. AT WHICH TIME MR MARTIN WAS ALSO CHARGED WITH REFUSAL TO SUBMIT TO A URINE TEST. MR MARTIN WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4118XDX, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. MR MARTIN WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6982FYK, FOR DRIVING WHILE HIS LICENSE SUSPENDED OR REVOKED (KNOWINGLY), UTC 6983FYK FOR NO MOTORCYCLE ENDORSEMENT AND UTC 6981FYK FOR CARELESS DRIVING. MR MARTIN'S BOND WAS SET AT $3,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
