| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09108136) knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked AS AM HABITUAL TRAFFIC OFFENDER, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5) AND 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(2)(B)(3) AND DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE HIS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED IN THE STATE OF VIRGINIA, IN VIOLATION OF FLORIDA STATE STATUTE 322.30(1) ON 031409 I WAS DISPATCHED TO THE AREA OF STATE ROAD 44 AND WEST PLEASANT ACRES PLACE IN LECANTO IN REFERENCE TO A POSSIBLE DRUNK DRIVER WHO WAS PASSED OUT BEHIND THE WHEEL. SERGEANT GLAZE HAD ARRIVED ON SCENE PRIOR TO MY ARRIVAL AND ADVISED THAT HE WOKE THE DEFENDANT UP. UPON MY ARRIVAL, I MADE CONTACT WITH THE DRIVER/DEFENDANT WHO WAS STILL BEHIND THE WHEEL AT THIS LOCATION. SERGEANT GLAZE ADVISED THAT THE VEHICLE WAS RUNNING AND THE DRIVER WAS SLUMPED BEHIND THE WHEEL. IN SPEAKING WITH THE DEFENDANT, I COULD SMELL AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM THE VEHICLE. I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE AND STAND IN FRONT OF MY PATROL VEHICLE. AT THIS LOCATION, I OBSERVED THAT THE DEFENDANT HAD BLOODSHOT WATERY EYES AND A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I ALSO OBSERVED THAT THE DEFENDANT WAS NOT STEADY ON HIS FEET. ONCE IN FRONT OF MY PATROL VEHICLE, I BEGAN SPEAKING WITH THE DEFENDANT, CONFIRMING THAT HE SPOKE AND UNDERSTOOD ENGLISH. HE ADVISED HE WAS WORKING AT THE CRYSTAL RIVER POWER PLANT, THAT HE LIVED IN BEVERLY HILLS AND THAT HE HAD BEEN DRINKING BEER EARLIER IN THE EVENING. HE ADVISED THE APPROXIMATE CORRECT TIME, CLEARLY INDICATING THAT HE UNDERSTOOD EVERYTHING THAT I SAID. I ASKED THE DEFENDANT IF HE WOULD PARTICIPATE IN FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. 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 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. DURING THIS TASK, THE DEFENDANT STARTED PRIOR TO THE INSTRUCTIONS BEING COMPLETED. HE ATTEMPTED THE TASK AFTER BEING GIVEN THE INSTRUCTIONS AND DEMONSTRATING THE TASK, HOWEVER, HE WAS UNABLE TO FOLLOW THE INSTRUCTIONS, COULD NOT STAND WITH HIS HEEL TO TOE AND MAINTAIN HIS BALANCE, DID NOT FOLLOW THE INSTRUCTIONS AS HE LOOKED DOWN AT HIS FEET WHILE WALKING. THE DEFENDANT DID NOT FOLLOW THE INSTRUCTIONS TO COUNT OUT LOUD AS HE WALKED. THE DEFENDANT WAS UNABLE TO COMPLETE THIS TASK BY WALKING IN A STRAIGHT LINE AS HE REPEATEDLY PUT HIS FOOT IN FRONT BUT OFF TO THE SIDE. I GAVE THE DEFENDANT A SECOND OPPORTUNITY AND EXPLAINED AND DEMONSTRATED THE TASK AGAIN, CONFIRMING THAT HE UNDERSTOOD THE INSTRUCTIONS. AGAIN, THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE UNDERSTOOD THE INSTRUCTIONS. THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK ON HIS FIRST ATTEMPT. HE AGAIN REFUSED TO LOOK DOWN AT HIS FOOT AND AGAIN REFUSED TO COUNT OUT LOUD. HE ALSO RAISED HIS HAND MORE THAN SIX INCHES TO MAINTAIN HIS BALANCE. THE DEFENDANT WAS GIVEN A SECOND OPPORTUNITY TO PERFORM THE TASK WHICH WAS AGAIN EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT AGAIN ADVISED WITH AN AUDIBLE "I DO UNDERSTAND THE INSTRUCTIONS." THE DEFENDANT ON THE SECOND ATTEMPT WAS UNABLE TO COMPLETE THE TASK. HE PUT HIS FOOT DOWN TWO TIMES AND REPEATEDLY WAS TOLD TO LOOK DOWN AT HIS FEET. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE UNDERSTOOD THE INSTRUCTIONS. ON HIS FIRST ATTEMPT, THE DEFENDANT DID NOT FOLLOW THE INSTRUCTIONS; DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE ON ANY ATTEMPT; TOUCHED THE SECOND TO THIRD PORTION OF HIS KNUCKLE TO HIS NOSE ON EACH ATTEMPT. HE ALSO KEPT HIS HEAD STRAIGHT AS OPPOSED TO TILTED BACK AND HAD TO BE TOLD TO CLOSE HIS EYES. I GAVE THE DEFENDANT A SECOND CHANCE TO PERFORM THE TASK WHICH WAS AGAIN EXPLAINED AND DEMONSTRATED TO HIM. HE AGAIN GAVE AN AFFIRMATIVE IN ENGLISH THAT HE UNDERSTOOD THE INSTRUCTIONS. AGAIN THE DEFENDANT WAS UNABLE TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE AS DEMONSTRATED. HE ALSO FAILED TO FOLLOW THE TECHNIQUE WHICH WAS ALSO DEMONSTRATED. AT THAT TIME, THE DEFENDANT WAS ADVISED IN ENGLISH THAT HE WAS UNDER ARREST. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT STATED HE UNDERSTOO0D HIS RIGHTS AND STATED HE WOULD SPEAK TO ME AT THIS TIME. I ASKED THE DEFENDANT WHAT HAPPENED TO HIS FLORIDA DRIVER'S LICENSE. HE ADVISED HE DID NOT HAVE A FLORIDA DRIVER LICENSE. A CHECK OF NCIC/FCIC AS WELL AS D.A.V.I.D. SHOWED THAT THE DEFENDANT HAD A FLORIDA DRIVER LICENSE WHICH WAS SUSPENDED ON 041903 FOR DRIVING UNDER THE INFLUENCE WHICH MADE IT HIS FOURTH DUI ON HIS FLORIDA RECORD AS WELL AS HIS FOURTH DRIVING ON A SUSPENDED LICENSE IN FLORIDA. HE HAD HAD AN HABITUAL TRAFFIC OFFENDER STATUS IN 2000. I CONFIRMED THAT THE VIRGINIA DRIVER'S LICENSE THE DEFENDANT GAVE ME WAS STILL VALID IN VIRGINIA. I ALSO CONFIRMED THAT HIS FLORIDA LICENSE WAS STILL SUSPENDED AT THAT TIME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S CAR CARE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER. TO THE INTOXILYZER OPERATOR, THE DEFENDANT STATED HE DID NOT SPEAK ANY ENGLISH AND REPEATEDLY REFUSED THEIR REQUESTS FOR A SAMPLE OF HIS BREATH UNTIL A TRANSLATOR COULD BE BROUGHT TO THE DETENTION FACILITY; THEREBY PROLONGING THE AMOUNT OF TIME IT TOOK TO TEST HIM. THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS IN SPANISH BY DEPUTY BERRIOS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .153 AND .159 TWO HOURS AFTER. THE DEFENDANT WAS CHARGED WITH DRIVING WHILE LICENSE SUSPENDED, HABITUAL, WITH A $2,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH DRIVING UNDER THE INFLUENCE, FOURTH OR SUBSEQUENT OFFENSE WITH A $10,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH DRIVING WITH OTHER STATE LICENSE WHILE HIS FLORIDA LICENSE WAS SUSPENDED, WITH A BOND OF $2,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 2174-XBG, WITH A MANDATORY COURT APPEARANCE ON 040209 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0497-RPA, FOR DWLS AND CITATION NUMBER 0498-RPA, FOR DRIVING ON AN OUT OF STATE DRIVER LICENSE WHILE FLORIDA LICENSE WAS SUSPENDED, BOTH WITH THE SAME MANDATORY COURT APPEARANCE. *NOT-EXEMPT* |
