| Probable cause affidavit: |
SUBMITTED BY: SKINNER, RODNEY 0563 (AR10117697) 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 103110 AT APPROXIMATELY 1900 HOURS, I WAS DISPATCHED TO THE AREA OF GOSPEL ISLAND ROAD AND EAST DEVONSHIRE ROAD IN REFERENCE TO A COMPLAINT OF VEHICLES SPEEDING WHILE CHILDREN WERE WALKING IN THE AREA TRICK OR TREATING. WHILE IN THE AREA, AT APPROXIMATELY 1920 HOURS, I OBSERVED A BLACK JEEP CHEROKEE TRAVELLING WEST ON EAST GOSPEL ISLAND ROAD AND IT APPEARED THE VEHICLE WAS TRAVELLING AT ABOVE THE POSTED SPEED LIMITS OF 35 MILES PER HOUR (MPH). I ESTIMATED THE VEHICLE TO BE TRAVELLING AT APPROXIMATELY 50 MPH. AT THAT TIME I ACTIVATED MY RADAR UNIT IN THE STATIONARY MODE AND RECEIVED A TARGET SPEED OF 46 MPH IN 35 MPH ZONE. I INITIATED A TRAFFIC STOP ACTIVATING MY EMERGENCY OVERHEAD LIGHTS AND THE VEHICLE HAD PULLED OVER TO THE RIGHT SHOULDER OF THE ROAD NEAR THE INTERSECTION OF EAST CRESCENT DRIVE AND EAST GOSPEL ISLAND ROAD. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR DUANE HAWKINS, AND REQUESTED HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT WAS ALSO ADVISED THE REASON FOR THE STOP WAS FOR UNLAWFUL SPEED OF 46 MPH IN A 35 MPH ZONE. THE DEFENDANT STARTED FUMBLING WITH HIS WALLET AND HAD GREAT DIFFICULTY IN REMOVING HIS DRIVER'S LICENSE WHICH HAD TAKEN HIM APPROXIMATELY THREE MINUTES. AFTER THE DEFENDANT HANDED ME HIS DRIVER'S LICENSE, HE THEN OPENED HIS GLOVE COMPARTMENT AND REMOVED A WHITE ENVELOPE. THE DEFENDANT AGAIN BEGAN FUMBLING THROUGH SOME PAPERS AND EVENTUALLY PRODUCED AN INSURANCE CARD. I AGAIN ASKED THE DEFENDANT TO PRODUCE A VEHICLE REGISTRATION. THE DEFENDANT TOOK NO ACTION AND JUST STARED STRAIGHT AHEAD. I THEN REPEATED MY REQUEST FOR THE VEHICLE REGISTRATION AND THE DEFENDANT APPEARED TO IGNORE MY REQUEST. THE DEFENDANT THEN BEGAN TO BECOME VERY TALKATIVE AND ADVISED THAT HE PLAYED IN A BAND AND HAD BEEN AT THE EAGLES BAR. THE DEFENDANT ALSO KEPT REPEATING HIMSELF. HE ADVISED THAT HE WAS ALMOST HOME AND ASKED THIS DEPUTY IF I WOULD FOLLOW HIM HOME. THE DEFENDANT'S SPEECH WAS VERY SLURRED, HE WAS LETHARGIC, HIS EYES WERE BLOODSHOT AND HE HAD A DISTINCT STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. THE DEFENDANT WAS ASKED IF HE HAD BEEN DRINKING AND HE INITIALLY STATED THAT HE HAD NOT BEEN DRINKING. A SHORT TIME LATER, THE DEFENDANT ADVISED THAT HE HAD ONE BEER. WHEN I AGAIN ASKED THE DRIVER HOW MUCH HE HAD TO DRINK, HE STATED TWO BEERS. APPROXIMATELY TWO MINUTES LATER HE STATED THAT HE HAD THREE BEERS. AT THAT TIME, THE DEFENDANT WAS ASKED TO STEP OUT OF THE VEHICLE AND I NOTICED HE WAS VERY UNSTEADY ON HIS FEET AND KEPT SWAYING BACK AND FORTH. THE DEFENDANT HAD GREAT DIFFICULTY MAINTAINING HIS BALANCE. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS. 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 BACK, BUT IT WOULD NOT AFFECT HIM DOING THE TASKS. 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. THE DEFENDANT REPEATEDLY KEPT MOVING HIS HEAD WHEN TOLD NOT TO. THE DEFENDANT TALKED CONTINUALLY THROUGH THE TASK AND KEPT PUTTING HIS HANDS IN HIS POCKETS WHEN TOLD TO KEEP THEM AT HIS SIDE SEVERAL TIMES. TASK TWO, WALK AND TURN WAS DONE ON A FLAT PAVED ROAD USING THE WHITE FOG LINE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD NOT PAY ATTENTION TO THE INSTRUCTIONAL PHASE AND KEPT TALKING OVER THIS DEPUTY WHEN TOLD NOT TO. I HAD TO REPEAT THE INSTRUCTIONS SEVERAL TIMES. THE DEFENDANT WOULD NOT GET INTO THE STARTING POSITION, DID NOT TOUCH HEEL TO TOE AND ALMOST EVERY STEP DID NOT COUNT OUT LOUD, DID NOT TAKE THE CORRECT AMOUNT OF STEPS AND WALKED 12 STEPS ON THE FIRST NINE, AND WALKED APPROXIMATELY TEN STEPS ON THE SECOND NINE. THE DEFENDANT STEPPED OFF THE LINE SEVERAL TIMES DUE TO LOOSING HIS BALANCE WHILE PERFORMING THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS NOT COMPLETED DUE TO SAFETY REASONS AND THE DEFENDANT ALMOST FALLING SEVERAL TIMES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TALKED OVER THIS DEPUTY DURING THE INSTRUCTIONAL PHASE, FAILED TO TOUCH HIS NOSE, KEPT HITTING HIS FACE, USED THE WRONG HAND SEVERAL TIMES, DID NOT KEEP HIS EYES CLOSED AND HE WOULD NOT PUT HIS HAND BACK DOWN AS INSTRUCTED AND HAD TO BE TOLD SEVERAL TIMES TO PUT HIS HAND BACK DOWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO A FRIEND PER THE DEFENDANT'S REQUEST. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS TURNED OVER TO OFFICER FARIS, 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 .232 AND .230. 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 4491XDXX WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING CITATION NUMBER 302329B, FOR UNLAWFUL SPEED. "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* |
