| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR08104691)) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 081408 AT APPROXIMATELY 0054 HOURS, I WAS RUNNING TRAFFIC ON U S HIGHWAY 41 JUST NORTH OF SPORTSMAN'S POINT IN INVERNESS, AT WHICH POINT THE SUSPECT VEHICLE WENT BY ME AT A HIGH RATE OF SPEED ESTIMATED TO BE 75 MILES PER HOUR,. I ACTIVATED MY RADAR UNIT WHICH SHOWED THE VEHICLE SPEED AT 76 MILES PER HOUR AND CLIMBING. I THEN PULLED ONTO STATE ROAD 41 NORTH, TRAVELING SOUTHBOUND. I THEN CAUGHT UP TO SAID VEHICLE, WHICH WAS A SILVER CHEVROLET MONTECARLO. UPON CATCHING UP TO THE MONTECARLO THE VEHICLE BEGAN TO GO OVER THE OVERPASS ON STATE ROAD 41 NORTH BY MIDDLE SCHOOL ROAD. AT ONE POINT THE SUSPECT VEHICLE RAN OFF THE SIDE OF THE ROAD, NEARLY HAVING AN ACCIDENT. THE SUSPECT VEHICLE THEN PULLED BACK ONTO THE ROAD TRAVELING SOUTH, AT WHICH POINT THIS DEPUTY ACTIVATED OVERHEAD LIGHTS IN AN ATTEMPT TO PULL THE SUSPECT OVER. THEN, NEAR THE ROLLER BARN THE VEHICLE BEGAN TO PULL OFF TO THE RIGHT SIDE OF THE ROAD AND IMMEDIATELY PULLED BACK ONTO STATE ROAD 41 TRAVELING SOUTHBOUND. THE VEHICLE THEN PULLED INTO THE K-MART PARKING LOT WHERE THIS DEPUTY WAS ABLE TO FINALLY GET THE VEHICLE TO STOP. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO IDENTIFIED HIMSELF AS DEREK SZIHULA. THE DEFENDANT, WHO WAS DRIVING THE VEHICLE, WAS ACTING EXTREMELY STRANGE AND WAS ACTING BIZARRE. THIS DEPUTY COULD TELL BY THE DEMEANOR OF THE DEFENDANT THAT HE WAS POSSIBLY UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR CONTROLLED SUBSTANCE. THIS DEPUTY HAD BACKUP ARRIVE ON SCENE, AT WHICH TIME THE DEFENDANT WAS ASKED TO EXIT THE VEHICLE AND TO WALK TO THE REAR OF HIS VEHICLE. THE DEFENDANT WOULD FOLLOW INSTRUCTIONS FOR A BRIEF PERIOD BUT THEN START ACTING EXTREMELY ERRATIC AND STRANGE. THE DEFENDANT ADVISED HE HAD A COUPLE OF GLASSES OF WINE EARLIER WITH HIS DINNER, BUT HAD NOT TAKEN ANY TYPE OF MEDICATION. HE WAS ASKED BY THE TRAFFIC DEPUTY ON SCENE, DEPUTY BRIGGS, IF HE HAD ANY PHYSICAL OR MENTAL 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/HER 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. THIS TASK WAS ADMINISTERED BY DEPUTY BRIGGS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED HE UNDERSTOOD THE INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE AND FAILED TO TOUCH HEEL TO TOE EACH TIME. DEPUTY BRIGGS ADMINISTERED THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS, HOPPED AROUND SEVERAL TIMES AND USED HIS ARMS FOR BALANCE. THIS TASK WAS ADMINISTERED BY DEPUTY BRIGGS. TASK FOUR, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AS ASKED WHAT WAS THE LAST GRADE HE COMPLETED IN SCHOOL AND HE ADVISED 12TH GRADE. THE DEFENDANT WAS ABLE TO RECITE HALF OF THE ALPHABET AND THEN BEGAN TO RAMBLE LETTERS IN VARIOUS ORDER UNTIL FINALLY BEING TOLD BY THIS DEPUTY TO STOP. ADMINISTERED BY THIS DEPUTY. TASK FIVE, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED HE UNDERSTOOD THE INSTRUCTION. DURING THIS TASK THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, MISSED THE TOP OF HIS NOSE. ADMINISTERED BY THIS DEPUTY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT IN THE PARKING LOT AT HIS REQUEST. WHILE LEAVING THE PARKING LOT, THIS DEPUTY ADVISED THE DEFENDANT OF HIS MIRANDA WARNING VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AND POSSIBLY HIS URINE FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD, HOWEVER, THE DEFENDANT DID NOT GIVE A CLEAR ANSWER AS TO WHETHER HE WOULD OR WOULD NOT SUBMIT.. THE DEFENDANT CONTINUED TO ACT STRANGELY AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT CONSENTED TO PROVIDE A BREATH SAMPLE WITH THE RESULTS BEING .181 ON THE FIRST SAMPLE, .219 ON THE SECOND SAMPLE, AND .196 ON THE THIRD SAMPLE. THE DEFENDANT WAS ISSUED DUI UNIFORM TRAFFIC CITATION NUMBER 4084-XDX WITH A MANDATORY COURT APPEARANCE ON 090408 AT 1300 HOURS. DEFENDANT WAS ALSO GIVEN WARNING CITATION NUMBER 229399-B FOR 76 MPH IN A 45 MPH ZONE AND WARNING CITATION NUMBER 229400B FOR FAILURE TO MAINTAIN A SINGLE LANE. IT SHOULD BE NOTED THAT THE ENTIRE INCIDENT WAS CAPTURED VIA IN-CAR VIDEO WHICH WILL BE PLACED INTO EVIDENCE. *NOT-EXEMPT* |
