| Probable cause affidavit: |
SUBMITTED BY: HARTZIG, BOBBY FHP 2809 (AR09111730) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. I WAS TRAVELING NORTH ON US HIGHWAY 19 IN THE INSIDE LANE SOUTH OF GROVER CLEVELAND BOULEVARD, AND WHILE TRAVELING NORTH I OBSERVED A VEHICLE BEARING TAG OF DJU3H, ON A MAROON CHEVY IMPALA. I OBSERVED THE VEHICLE SWAYING FROM THE OUTSIDE LANE TO THE INSIDE LANE AND THEN CORRECT ITSELF BACK TO THE OUTSIDE LANE. THE VEHICLE THEN SWERVED TO THE GRASS MEDIAN TO THE EAST JUST NORTH OF GROVER CLEVELAND BOULEVARD. AT THIS POINT I ACTIVATED MY EMERGENCY EQUIPMENT AND PULLED THE VEHICLE OVER. WHEN I APPROACHED THE VEHICLE I ASKED THE DRIVER FOR DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. THE DRIVER, MR EDWARD FERRIS, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE, WENT THROUGH HIS WALLET SEVERAL TIMES, OVERLOOKING THE REQUESTED DOCUMENTS. THE DRIVER SEEMED VERY DISORIENTED WHILE IN THE VEHICLE. AT THIS POINT I CALLED FOR A BACKUP UNIT AND FHP TROOPER 1590 (RAYMOND ZINSER) ARRIVED SHORTLY AFTER. AT THIS POINT I ASKED THE DRIVER TO EXIT THE VEHICLE AND PARTICIPATE IN FIELD SOBRIETY TASKS TO WHICH THE DRIVER AGREED. WHILE WALKING FROM HIS VEHICLE TO MY PATROL VEHICLE THE DRIVER STUMBLED AND NEEDED TO USE MY VEHICLE FOR BALANCE. 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. THE DEFENDANT STATED HE WAS HAVING MENTAL ISSUES BECAUSE HIS PARENTS HAD RECENTLY PASSED AWAY. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DRIVER WAS UNABLE TO KEEP HIS HEAD STILL, OR FOLLOW THE PEN AT ALL. THIS TROOPER MADE SEVERAL ATTEMPTS TO EXPLAIN THE EXERCISE TO THE DRIVER BUT HE WAS UNABLE TO PERFORM THE TASKS. THE DEFENDANT WAS UNABLE TO KEEP BALANCE WHILE STANDING TO PERFORM AND ALSO UNABLE TO PERFORM EXERCISES, AND UNABLE TO COMPREHEND DIRECTIONS, AND FELL ASLEEP DURING DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AFTER BEING SHOWED STATED HE DID NOT UNDERSTAND THE TASK. I THEN SHOWED HIM THE TASK AGAIN. THE DRIVER THEN STATED HE UNDERSTOOD THE TASK AND WANTED TO PERFORM IT. AT THIS POINT HE CLOSED HIS EYES AND DID NOTHING FOR APPROXIMATELY THIRTY SECONDS. THIS TROOPER CALLED THE DEFENDANT BY NAME TO WHICH HE WAS STARTLED AND QUICKLY OPENED HIS EYES. THE DEFENDANT WAS UNABLE TO KEEP BALANCE WHILE STANDING TO PERFORM, AND ALSO UNABLE TO PERFORM EXERCISES, AND UNABLE TO COMPREHEND DIRECTIONS, AND FELL ASLEEP DURING DIRECTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO LIFT EITHER LEG AND STARED AT THIS TROOPER WITH A BLANK LOOK, AND WHEN ASKED IF HE UNDERSTOOD THE DIRECTIONS THE DEFENDANT CONTINUED TO STARE AT THIS TROOPER AND ASKED IF THIS TROOPER WAS TALKING TO HIM. THIS TROOPER THEN RE EXPLAINED THE DIRECTIONS TO THE TASK AND RE DEMONSTRATED THE TASK TO THE DRIVER. AT THIS TIME THE DRIVER STATED THAT HE UNDERSTOOD THE TASK AND WANTED TO PERFORM IT. AT THIS POINT THIS TROOPER TOLD THE DEFENDANT TO START WHENEVER HE WAS READY, HOWEVER THE DRIVER JUST STOOD THERE. THIS TROOPER THEN ASKED IF HE WAS READY TO START THE TASK TO WHICH HE ASKED WHAT TASK. AT THIS TIME THE TASK WAS COMPLETED. IT WAS NOTED THAT THE DEFENDANT WAS UNABLE TO COMPLETE THIS TASK DUE TO HIS INABILITY TO COMPREHEND THE TASK. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS BALANCE PRIOR TO BEING EXPLAINED THE TASK AT WHICH POINT THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI, THE TIME OF ARREST WAS 2135 HOURS. 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 URINE FOR THE PURPOSE OF DETERMINING THE LEVEL OF IMPAIRMENT. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS URINE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS URINE. URINE WAS COLLECTED AT 2305 HOURS, AND THE URINE WILL BE SENT OUT FOR TESTING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION FOR DUI, 0777-SSX. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, 0776-SSX, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
