| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR14-10079) 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 042614, AT APPROXIMATELY 0019 HOURS, DEPUTY CUTLIP WAS ON ROUTINE PATROL IN THE AREA OF EAST GULF TO LAKE HIGHWAY. HE WAS TRAVELING EASTBOUND ON EAST GULF TO LAKE HIGHWAY APPROACHING MINSTREL STREET, WHEN HE OBSERVED A MOTORCYCLE TRAVELING WESTBOUND AT A HIGH RATE OF SPEED. AT THAT TIME, DEPUTY CUTLIP ACTIVATED HIS RADAR UNIT AND RECEIVED A DIGITAL READOUT OF 97 MILES PER HOUR IN A 60 MILES PER HOUR ZONE, WITH A CONSISTENT AUDIO DOPPLER TONE OF THAT SPEED. DEPUTY CUTLIP IMMEDIATELY ACTIVATED HIS OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE, WHICH WAS A 2002 HARLEY DAVIDSON MOTORCYCLE WHITE IN COLOR, BEARING FLORIDA LICENSE PLATE 25718L. DEPUTY CUTLIP THEN MADE CONTACT WITH THE DRIVER OF THE MOTORCYCLE, LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR DERRICK GRAY. DEPUTY CUTLIP ADVISED THAT HE IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANTâS BREATH. THE DEFENDANT ADVISED THAT HE HAD CONSUMED ALCOHOL 30 MINUTES PRIOR TO BEING STOPPED. DEPUTY CUTLIP THEN REQUESTED THAT THIS DEPUTY RESPOND TO HIS LOCATION, ON HIGHWAY 44 JUST WEST OF SOUTH LITTLE JOHN AVENUE. UPON MY ARRIVAL I MADE CONTACT WITH DEPUTY CUTLIP, WHO ADVISED ME OF THE CIRCUMSTANCES INVOLVING THE STOP. UPON MAKING CONTACT WITH THE DEFENDANT, I NOTICED THAT HE HAD SLIGHTLY BLOODSHOT GLASSY EYES AND AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. SHORTLY THEREAFTER, I HAD THE DEFENDANT WALK ACROSS HIGHWAY 44 EAST INTO A TURNING LANE AREA, WHICH WAS PROTECTED BY MY PATROL VEHICLE. 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. 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. I THEN ASKED HIM IF HE HAD ANYTHING TO DRINK AND HE ADVISED ONE RUM AND COKE AND TWO BEERS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE THE INSTRUCTIONS WERE COMPLETED. HE LOST HIS BALANCE ON THE FIRST STEP AND LOST HIS BALANCE AGAIN ON STEP THREE AND STEP FIVE. WHEN HE TURNED AROUND AFTER COMPLETING THE TASK HE STARTED TO LOSE HIS BALANCE AGAIN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING AND USED HIS ARMS FOR BALANCE. THE DEFENDANT PUT HIS FOOT DOWN AT COUNTS 12, 14, 16, 17, 18 AND 26. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HIS NOSE ONCE. TASK FIVE, RHOMBERG ALPHABET. I ASKED THE DEFENDANT WHAT WAS THAT THE LAST GRADE HE COMPLETED IN SCHOOL AND HE ADVISED THE 12TH GRADE. DURING THIS TASK, THE DEFENDANT WAS ABLE TO COMPLETE THAT TASK SATISFACTORILY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. HE STATED THAT HE UNDERSTOOD HIS RIGHTS AND DID NOT HAVE A PROBLEM CONTINUING TO SPEAK WITH 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. DEPUTY CUTLIP REMAINED ON SCENE WITH THE DEFENDANT'S VEHICLE, UNTIL SCALLYâS TOWING ARRIVED TO TOW THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .137 AND .138. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8749XBI7, WITH A MANDATORY MISDEMEANOR COURT DATE ON 052214, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING FOR TRAVELING 97 MILES PER HOUR IN A 60 MILES PER HOUR ZONE. THE ON SCENE FIELD SOBRIETY TASKS WERE VIDEOTAPED VIA IN CAR CAMERA AND LATER TURNED INTO EVIDENCE. |
