| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR13-4017) 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 010513, I WAS HEADING WESTBOUND ON HIGHWAY 44, AND OBSERVED A BLACK IN COLOR, CHEVROLET TWO DOOR VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER OF C071WW. THIS VEHICLE WAS HEADING WESTBOUND ON HIGHWAY 44, AND SWERVING BETWEEN THE CENTER LINES AND CROSSING THE EXTERIOR FOG LINE OF THE ROADWAY. THIS WAS OBSERVED IN THE AREA OF NORTH PENNSYLVANIA AVENUE. I THEN CONTINUED TO FOLLOW THE VEHICLE, AND OBSERVED THE VEHICLE TO CROSS THE CENTER LINES AND BACK ACROSS TO THE FOG LINE APPROXIMATELY FOUR TIMES. ON THE FOURTH TIME, THE VEHICLE NEARLY STRUCK THE PEDESTRIAN SIDEWALK. AT THIS POINT IN TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN, NEAR TURKEY OAK DRIVE. THIS VEHICLE CONTINUED WESTBOUND ON HIGHWAY 44, TURNING NORTHBOUND ON US HIGHWAY 19, AND TURNED IN TO THE TACO BELL PARKING LOT, WHICH IS LOCATED AT 555NE US HIGHWAY 19. I THEN MADE CONTACT WITH THE DRIVER OF THE VEHICLE, LATER IDENTIFIED AS MR DIRK ALLEN TRICKEL. I DID DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMANATING FROM THE DEFENDANTâS PERSON AND BREATH. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, PROOF OF INSURANCE AND REGISTRATION. THE DEFENDANT HAD DIFFICULTY LOCATING HIS DRIVER'S LICENSE, AND FUMBLED THROUGH HIS WALLET, TRYING TO LOCATE HIS DRIVER'S LICENSE, ALTHOUGH HIS DRIVER'S LICENSE WAS IN PLAIN VIEW. I DID OBSERVE THE DEFENDANT TO HAVE RED, BLOODSHOT GLASSY EYES AND SLURRED SPEECH. ALSO IN THE VEHICLE WITH THE DEFENDANT WAS A PASSENGER, MR STEVEN GARDENER, JR. I ASKED THE DEFENDANT IF HE HAD HAD ANYTHING TO DRINK, TO WHICH HE ADVISED THAT HE HAD ONLY CONSUMED TWO BEERS THIS EVENING. I THEN REQUESTED FOR A BACKUP DEPUTY TO ARRIVE ON SCENE. DEPUTY DERA, DEPUTY CRIDLAND, AND DEPUTY DOYLE THEN ARRIVED ON SCENE. AT THIS TIME I REQUESTED THE DEFENDANT TO EXIT HIS VEHICLE. THE DEFENDANT BRACED HIMSELF TO THE SIDE OF HIS VEHICLE TO PREVENT HIMSELF FROM FALLING AS HE EXITED THE 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. THE DEFENDANT WAS NOT WEARING GLASSES OR CONTACTS DURING THIS TASK. 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 NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE EXERCISE, AND RAISED HIS FOOT, SWAYED FROM SIDE TO SIDE, USED HIS HANDS FOR BALANCE, AND COUNTED TO THE NUMBER TWO, BEFORE RETURNING HIS FOOT TO THE GROUND. DURING THIS TIME, THE DEFENDANT NEARLY FELL OVER. HE ADVISED THAT HE WOULD LIKE TO TRY AGAIN. HE THEN ATTEMPTED THIS EXERCISE ONCE MORE, RAISING HIS FOOT OFF OF THE GROUND, HOPPED ON ONE FOOT, AND THEN SWAYED FROM SIDE TO SIDE, USING HIS HANDS FOR BALANCE, AND COUNTED TO EIGHT, BEFORE HAVING TO RETURN HIS FOOT TO THE GROUND. HE THE AGAIN NEARLY FELL. THIS EXERCISE WAS THEN STOPPED FOR THE DEFENDANTâS SAFETY. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE I WAS EXPLAINING THE DIRECTION TO THE DEFENDANT, AND WAS TOLD TO STAND HEEL TO TOE WITH HIS HANDS TO HIS SIDE, AND HE WAS UNABLE TO DO SO AND MAINTAIN HIS BALANCE. HE DID NOT KEEP HIS HANDS AT HIS SIDES, I THEN INSTRUCTED THE DEFENDANT TO BEGIN THE EXERCISE DURING THIS TASK, THE DEFENDANT FAILED TO STEP HEEL TO TOE, AND TOOK A TOTAL OF FIVE STEPS BEFORE NEARLY FALLING OVER, AND USING HIS HANDS FOR BALANCE, AND FAILED TO WALK ON THE LINE, AND DID NOT STEP HEEL TO TOE. THIS EXERCISE WAS STOPPED FOR THE DEFENDANTâS SAFETY. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK HIS LEFT INDEX FINGER AND POKED HIS RIGHT EYE WITH HIS INDEX FINGER. THE DEFENDANT DID NOT RETURN HIS HAND DOWN TO HIS SIDE. I ADVISED THE DEFENDANT TO RETURN HIS HANDS TO HIS SIDE, AGAIN EXPLAINING THE DIRECTIONS TO THE DEFENDANT. THIS TASK WAS RE-ADMINISTERED, AND HE WAS AGAIN UNABLE TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE, IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE IN THE TACO BELL PARKING LOT, PER HIS REQUEST. THE PASSENGER OF THE VEHICLE THEN CALLED HIS WIFE, AND ADVISED THAT SHE WOULD BE RESPONDING TO THE PARKING LOT TO PICK HIM UP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING 0.251, 0.211 & 0.241. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING NUMBER 9705XEI8 WITH A MANDATORY COURT APPEARANCE OF 013113, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, BEARING NUMBER 361855B FOR FAILURE TO MAINTAIN SINGLE LANE. |
