| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR11118855) 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). ON 011611 AT APPROXIMATELY 2200 HOURS , WHILE DEPUTY RITLI AND I WERE RUNNING STATIONARY RADAR IN FRONT OF THE CRYSTAL RIVER AIRPORT ON US HIGHWAY 19; DEPUTY RITLI OBSERVED A RED/SILVER PICKUP TRAVELLING SOUTHBOUND ON US HIGHWAY 19. DEPUTY RITLI ADVISED THAT THE VEHICLE APPEARED TO BE TRAVELLING ABOVE THE POSTED SPEED LIMIT OF 45 MILES PER HOUR (MPH), HE ESTIMATED THE VEHICLE SPEED TO BE APPROXIMATELY 59 MILES PER HOUR (MPH). AT THAT TIME, HE ACTIVATED HIS RADAR AND THERE WAS A CLEAR DOPPLER TONE. HIS RADAR INDICATED A TRUE SPEED OF 58 MPH. DUE TO THE FACT THAT MY PATROL VEHICLE WAS FACING SOUTHBOUND AS THE PICKUP PASSED ME, I INITIATED A TRAFFIC STOP ON SAID VEHICLE. IT SHOULD BE NOTED THAT THERE WAS OTHER TRAFFIC ON THE HIGHWAY AT THIS TIME. THE DRIVER THEN PULLED OVER IN TO A BANK PARKING LOT OFF OF VENABLE DRIVE. I THEN MADE CONTACT WITH THE DRIVER AND COULD TELL THAT HE WAS UNDER THE INFLUENCE BY HIS GLASSY BLOODSHOT EYES. ALSO AS HE OPENED THE DOOR TO THE PICKUP, THERE WAS AN OVERWHELMING SMELL OF ALCOHOL COMING OFF HIS PERSON. I THEN ASKED HIM FOR HIS DRIVER'S LICENSE TO WHICH HE HAD PROVIDED ME A PAPER LICENSE. AS THE DRIVER ATTEMPTED TO SPEAK; HIS speech WAS EXTREMELY SLURRED AND THE ODOR OF ALCOHOL BECAME STRONGER. AT THAT TIME, I HAD THE DRIVER EXIT THE VEHICLE AND AS HE WALKED OVER TO MY PATROL VEHICLE HE WAS UNSTEADY ON HIS FEET. I THEN PATTED HIM DOWN WHILE DEPUTY RITLI RAN THE DRIVERS DRIVER'S LICENSE WHICH REVEALED HIM TO HAVE A VALID DRIVER'S LICENSE AND NO WANTS OR WARRANTS. I INFORMED THE DRIVER THAT DUE TO ALL THE INDICATIONS THAT I HAD OBSERVED, I WAS ASKING HIM TO SUBMIT TO FIELD SOBRIETY TASKS AT WHICH TIME HE HAD COMPLIED. 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 HAD A BAD LEFT KNEE AND WOULD NOT BE ABLE TO DO THE TASKS. I ASKED HIM IF HE WOULD LIKE TO TRY ANYWAY AND HE STATED THAT HE WOULD. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT WALK A STRAIGHT LINE. THE DEFENDANT ONLY TOOK A FEW STEPS, USED HIS ARMS TO MAINTAIN BALANCE AND AT THAT TIME THE DEFENDANT REFUSED TO CONTINUE ON WITH THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THIS TASK. AS SOON AS HE LIFTED HIS FOOT OFF THE GROUND, HE IMMEDIATELY PUT IT BACK DOWN TO MAINTAIN HIS BALANCE AND REFUSED TO CONTINUE ON WITH THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT EVEN ASSUME THE STARTING POSITION WITHOUT LOOSING HIS BALANCE. THE DEFENDANT THEN ADVISED THAT HE WAS NOT GOING TO PERFORM THIS TASK AND STATED TO ME "COME ON YOU KNOW I'M DRUNK". THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE UPON ARRIVAL HE WAS TURNED OVER TO THE BREATHALYZER OPERATOR WHO WAS READ HIS IMPLIED CONSENT AND HIS MIRANDA WARNING. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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, NUMBER 492906X1 WITH A MANDATORY COURT APPEARANCE OF 020311 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING CITATION. FURTHER DETAILS OF THIS INCIDENT WAS CAPTURED BY MY IN-CARE VIDEO SYSTEM AND WILL BE TURNED IN THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
