| Date of birth: | Nov 15, 1957 |
| Probable cause affidavit: | SUBMITTED BY: CLOUD TOD FHP3745 (AR09108388) 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) AND DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION DID CAUSE DAMAGE THE PROPERTY OF ANOTHER, TO-WIT: TWO VEHICLES IN VIOLATION OF FLORIDA STATUTE 316.193(3)(C)(1) ON 032809, AT APPROXIMATELY 2209 HOURS, I ARRIVED AT A THREE VEHICLE CRASH SCENE AT STATE ROAD 55 WHICH IS US HIGHWAY 19 AND HOMOSASSA TRAIL. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION, I RECLASSIFIED IT AS A DUI INVESTIGATION. THE REASON FOR THE DUI INVESTIGATION WAS BECAUSE MR DONALD SIMMONS (DEFENDANT) HAD THE SMELL OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HE HAD BLOOD SHOT EYES, SLURRED SPEECH, AND WAS UNSTEADY STANDING AND WALKING. AT APPROXIMATELY 2225 HOURS, THE DEFENDANT WAS READ HIS MIRANDA WARNING AT WHICH TIME HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WOULD CONTINUED TO TALK TO ME. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TO WHICH HE ADVISED THAT HE HAD TWO BEERS. I THEN ASKED THE DEFENDANT IF HE WOULD COMPLETE SOME FIELD SOBRIETY TASK TO WHICH HE ADVISED THAT HE WOULD. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT HOWEVER, THIS TASK WAS CALLED OFF BECAUSE HE WAS IN DANGER OF FALLING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT HOWEVER, THIS TASK WAS NOT COMPLETED BY THE DEFENDANT DUE TO THE FACT THAT THE DEFENDANT WAS IN DANGER OF FALLING. AT APPROXIMATELY 2230 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY WEST. THE DEFENDANT DID TAKE AN APPROVED BREATH TEST WITH THE RESULTS BEING .279 AND .275. THE DEFENDANT WAS THEN PROCESSED AND BOOKED FOR DUI AND DUI PROPERTY DAMAGE. THE DEFENDANT WAS ISSUED THREE TRAFFIC CITATIONS TO INCLUDE CITATION 5420-SPO FOR DUI WITH PROPERTY DAMAGE ,CITATION NUMBER 5419-SPO FOR CARELESS DRIVING, AND CITATION NUMBER 0892-XAU FOR DUI UNLAWFUL BLOOD AND ALCOHOL CONTENT. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Mar 29, 2009 |
| Booking number: | 09108388 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
| Code: | 316.193(3)(C)(1) |
| Charge description: | DUI W/DAMAGE TO PROPERTY OR PERSON OF ANOTHER |
| Bond amount: | $500 |
