| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (14-130443) (AR14-12070) did OPERATE or was in the actual physical control of a veSSEL 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, in violation of Florida Statute 327.35(1)(A). ON 092114 AT APPROXIMATELY 1325 HOURS, I WAS DISPATCHED TO the HERNANDO BOAT RAMP LOCATED AT 3650 EAST LAKE PLACE, IN HERNANDO, IN REFERENCE TO ASSISTING DEPUTY CANFIELD WHO WAS OUT WITH AN INTOXICATED SUBJECT ON A BOAT. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY CANFIELD WHO ADVISED THAT SHE OBSERVED THE DEFENDANT, MR ERIC BASSETT, SITTING IN HIS BOAT WHEN SHE ARRIVED. SHE ADVISED THAT THE DEFENDANT WAS ATTEMPTING TO BACK UP THE BOAT; HOWEVER, HE WAS UNABLE TO DUE TO IT BEING TIED TO THE DOCK. DEPUTY CANFIELD WAS ADVISED BY THE COMPLAINANT, MR BRIAN KIRKLAND, THAT THE DEFENDANT LOOKED EXTREMELY INTOXICATED AND WAS PASSED OUT AT ONE POINT. THE COMPLAINANT ADVISED THAT HE TRIED TALKING TO THE DEFENDANT AND OBSERVED HIM TO HAVE SLURRED SPEECH. THE COMPLAINANT ADVISED THE DEFENDANT CONTINUED TO BE A NUISANCE AT THE BOAT RAMP BY YELLING OBSCENITIES AND HITTING HIS MOTOR ON THE BOTTOM OF the BOAT RAMP. THE COMPLAINANT ADVISED THAT HE TIED THE DEFENDANTâS BOAT TO THE DOCK, DUE TO HIM FEELING the DEFENDANT WAS A DANGER TO HIMSELF AND OTHERS. UPON MAKING CONTACT WITH THE DEFENDANT, HE WAS STILL SITTING BEHIND THE CONTROLS OF the VESSEL SLUMPED OVER IN THE SEAT. UPON SPEAKING WITH HIM, I OBSERVED HIM TO HAVE SLURRED SPEECH AND NOTICED THAT HE HAD GLASSY EYES. I ASKED HIM IF HE HAD BEEN DRINKING, TO WHICH HE ADVISED HE HAD THREE DRINKS. I ASKED HIM IF HE HAD TAKEN ANY DRUGS, TO WHICH HE ADVISED HE HAD TAKEN XANAX. I ASKED HIM IF HE WOULD PERFORM SOME FIELD SOBRIETY TASKS, TO WHICH HE AGREED. I RELOCATED THE DEFENDANT TO A FLAT LEVEL SERVICE IN THE PARKING LOT AWAY FROM the BOAT RAMP. 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. DUE TO MR BASSETT LEANING TO THE SIDE WHILE STANDING, I ASKED HIM IF HE HAD ANY LEG OR BACK PROBLEMS OR HAD ANY SURGERIES, TO WHICH HE SAID HE HAD 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. THE DEFENDANT MOVED HIS HEAD ALONG WITH HIS EYES SEVERAL TIMES AFTER BEING TOLD TO NOT MOVE HIS HEAD. ALSO DURING THIS TASK, I ASKED THE DEFENDANT TO STAND WITH HIS FEET TOGETHER AND HIS ARMS TO HIS SIDE, which HE WAS UNABLE TO DO. DURING THIS TASK THE DEFENDANT LOST HIS balance AND ALMOST FELL BACKWARDS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE DEMONSTRATING, I INSTRUCTED THE DEFENDANT TO REMAIN STANDING STILL WITH HIS ARMS BY HIS SIDE. THE DEFENDANT BEGAN LEANING OVER TO THE POINT HE ALMOST LOST HIS BALANCE AND BEGAN STUMBLING BACKWARDS AND WAS CAUGHT BY DEPUTY CANFIELD TO PREVENT HIM FROM FALLING. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO TAKE ONE STEP, HOWEVER, HE THEN GAVE UP AND ADVISED THAT HE COULD NOT COMPLETE THE TASK AND REQUESTED THAT I JUST TAKE HIM TO JAIL FOR DRIVING UNDER THE INFLUENCE. TASK THREE, ONE LEG STAND. I ATTEMPTED TO EXPLAIN THIS TASK TO THE DEFENDANT, HOWEVER, HE ADVISED HE COULD NOT COMPLETE IT. HE THEN TURNED AROUND AND PUT HIS HANDS BEHIND HIS BACK AND ADVISED ME TO TAKE HIM TO JAIL. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR BOATING UNDER THE INFLUENCE, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VESSEL WAS TURNED OVER TO HIS FATHER, MR EUGENE BASSETT. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH BOATING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. A COPY OF THE IN-CAR VIDEO WILL BE SUBMITTED IN TO EVIDENCE AT A LATER TIME. |
