| Probable cause affidavit: |
SUBMITTED BY: CRAMER, TIMOTHY FHP2628 (AR11123904) 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. ON 121111, I WAS DISPATCHED TO A VEHICLE CRASH AT US HIGHWAY 19 AND WEST HALLS RIVER ROAD IN HOMOSASSA. UPON ARRIVING AT THE SCENE, I OBSERVED TWO VEHICLES WITH DAMAGE TO THEM AND MR ELWOOD BROWN (DEFENDANT) WAS STANDING NEXT TO HIS VEHICLE. AFTER CONCLUDING MY TRAFFIC CRASH INVESTIGATION, I INFORMED MR BROWN THAT I WAS BEGINNING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI) BASED ON THE SMELL OF ALCOHOL COMING FROM HIM WHICH WAS AT 1956 HOURS. AT 1957 HOURS, I READ MR BROWN HIS MIRANDA WARNING WHICH HE WAIVED HIS RIGHTS. MR BROWN EXPLAINED THAT HE WAS DRIVING AND CRASHED AND THAT HE WAS THE ONLY ONE IN HIS VEHICLE. HE MADE SPONTANEOUS UTTERANCES STATING THAT HE KNEW HE MESSED UP AND WAS TOO DRUNK TO DRIVE. 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 BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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. WHILE I WAS CONDUCTING HORIZONTAL GAZE NYSTAGMUS HE WAS SWAYING HE HAD PINPOINT PUPILS THAT DID NOT REACT TO LIGHT AND DUE TO THE LACK OF SMOOTH PURSUIT WAS UNABLE TO FOLLOW THE PEN WITH HIS EYES, I WAS UNABLE TO NOTICE DISTINCT NYSTAGMUS IN EITHER EYE. TASK TWO, WALK AND TURN. THE DEFENDANT STATED HE COULD NOT PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THE DEFENDANT STATED HE COULD NOT PERFORM THIS TASK DUE TO AN EQUILIBRIUM PROBLEM MIXED WITH THE ALCOHOL. TASK FOUR, RHOMBERG ALPHABET. THE DEFENDANT WAS ASKED TO CLOSE HIS EYES, KEEP HIS ARMS TO HIS SIDES, FEET TOGETHER, AND THEN ASKED HIM TO RECITE THE ALPHABET. HE STATED MOST OF THE ALPHABET CORRECTLY AND WHEN HE GOT TO THE LETTER "T", HE RECITED THE LETTERS "T, U, V, H, R, I, Z". I ASKED THE DEFENDANT TO COUNT FROM ONE TO 30 IN NUMERICAL ORDER WHICH HE STATED HE KNEW HOW TO DO. ONCE HE COUNTED ONE THROUGH 12 CORRECTLY AND THEN AFTER 12, HE SAID ONE TWO AND THEN CONTINUED BACK AT 13 UNTIL HE FINISHED AT 30. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AT 2011 HOURS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TOW TO TOW. 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 BREATH WITH THE TEST RESULTS BEING .073 AND .069. 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 (UTC), CITATION NUMBER 6072-XBN-7, WITH A MANDATORY COURT APPEARANCE ON 010912 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8812-SWV-2, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
