| Probable cause affidavit: |
SUBMITTED BY: MOORE, ANDREW 0619 (AR12-3764) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT RAN A STOP SIGN, CAUSING A CRASH TO ANOTHER PERSONâS VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 120812, I WAS DISPATCHED TO THE INTERSECTION OF ELLA AVENUE AND DAMPIER STREET, INVERNESS, IN REFERENCE TO A VEHICLE CRASH WHICH HAD JUST OCCURRED. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT ONE VEHICLE WAS ON THE EMBANKMENT, AND THE OTHER WAS STILL IN THE ROADWAY. THEY ADVISED THAT ONE DRIVER HAD POSSIBLY SUSTAINED INJURIES UPON MY ARRIVAL, I MADE CONTACT WITH WITNESS TWO, MR TRAVIS SHARRONE, WHO WAS THE DRIVER OF VEHICLE TWO. WITNESS TWO ADVISED THAT HE HAD BEEN TRAVELING SOUTHBOUND ON ELLA AVENUE, AND THE DEFENDANT, WHO HAD BEEN DRIVING VEHICLE ONE, HAD RUN THE STOP SIGN OF THE INTERSECTION OF DAMPIER STREET AND ELLA AVENUE. WITNESS TWO ADVISED THAT HE HAD HAD NO TIME TO STOP. I ASKED WITNESS TWO HOW MANY PEOPLE WERE IN THE DEFENDANTâS VEHICLE, TO WHICH HE ADVISED THAT THERE HAD ONLY BEEN ONE, WHICH WAS ONLY THE DEFENDANT. HE ADVISED THAT NO ONE ELSE HAD EXITED THE DEFENDANTâS VEHICLE WITNESS TWO ADVISED THAT HIS RIGHT FOREARM WAS INJURED, AND WAS SWELLING AND DEVELOPING A LUMP, BUT REFUSED EMERGENCY MEDICAL SERVICES (EMS). HE ADVISED THAT HE WOULD LATER GO TO THE HOSPITAL IF IT CONTINUED TO BE PAINFUL. I THEN SPOKE WITH WITNESS ONE, MS BRITTNEY NELSON. WITNESS ONE ADVISED THAT SHE HAD BEEN SITTING IN HER VEHICLE AT 203 ELLA AVENUE, WHEN SHE HAD OBSERVED VEHICLE TWO TO BE TRAVELING SOUTHBOUND ON ELLA AVENUE. SHE ADVISED THAT SHE HAD ALSO OBSERVED THE DEFENDANT TO BE DRIVING VEHICLE ONE AND THAT HE HAD FAILED TO STOP AT THE STOP SIGN, AND HAD NOT ATTEMPTED TO STOP. WITNESS ONE ADVISED THAT SHE HAD THEN OBSERVED BOTH VEHICLES AS THEY COLLIDED IN THE INTERSECTION. SHE ADVISED THAT NO ONE ELSE HAD BEEN IN THE VEHICLE WITH THE DEFENDANT, AND IT WAS ONLY HIM. I THEN MADE CONTACT WITH THE DEFENDANT, MR ERIC STEVEN GLOWACKI. THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET, HAD BLOODSHOT EYES, SLURRED SPEECH, AND ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN ASKED THE DEFENDANT IF HE WAS INJURED, TO WHICH HE ADVISED THAT HE WAS NOT. THE DEFENDANT THEN ADVISED THAT HE HAD NOT BEEN DRIVING THE VEHICLE, BUT THAT HIS âBUDDYâ HAD BEEN. I ASKED THE DEFENDANT WHERE HIS BUDDY WAS AND WHAT HIS NAME WAS, AND THE DEFENDANT STATED THAT HE DID NOT KNOW HIS BUDDYâS NAME OR WHERE HE WAS. THE DEFENDANT THEN STATED THAT HIS BUDDY HAD RUN OFF. I ADVISED THE DEFENDANT THAT THE TWO WITNESSES HAD OBSERVED HIM TO BE THE ONLY ONE IN THE VEHICLE. THE DEFENDANT STATED THAT THIS WAS NOT TRUE. THE DEFENDANT ADMITTED THAT HE HAD BEEN DRINKING ALL DAY, AND THAT THE LAST TIME HE HAD EATEN WAS APPROXIMATELY A FEW HOURS AGO, WHEN HE HAD EATEN A SANDWICH. THE DEFENDANTâS VEHICLE WAS TOWED FROM THE SCENE BY SCALLYâS TOWING, AND WITNESS TWOâS VEHICLE WAS TOWED BY ADVANCE TOWING. I THEN ADVISED THE DEFENDANT THAT, AT THIS POINT, I WAS COMPLETING MY TRAFFIC CRASH INVESTIGATION, AND BEGINNING A CRIMINAL INVESTIGATION, IN REFERENCE TO DRIVING UNDER THE INFLUENCE. THE DEFENDANT ADVISED THAT HE UNDERSTOOD. 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. THE DEFENDANT THEN ADVISED THAT HE WAS DRUNK, AND STATED THAT HE WOULD NOT PASS ANY SOBRIETY TASKS, BUT STATED THAT HE WAS NOT REFUSING TO TAKE THEM. I THEN ASKED THE DEFENDANT TO RESPOND TO THE PARKING LOT OF THE BP GASOLINE STATION, DUE TO IT BEING A LEVEL AND WELL- LIT PARKING AREA TO COMPLETE THE SOBRIETY TASKS. THE DEFENDANT ADVISED THAT HE WOULD DO SO. I AND DEPUTY NEWTON THEN BROUGHT THE DEFENDANT IN TO THE PARKING LOT OF THE BP GASOLINE STATION. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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 HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HIS RIGHT FOOT UP, FOR APPROXIMATELY TWO SECONDS, WITHOUT COUNTING. THE DEFENDANT THEN PUT HIS FOOT TO THE GROUND, AS HE WAS SWAYING BACK AND FORTH AND COULD NOT KEEP HIS BALANCE WITH HIS FOOT IN THE AIR. THE DEFENDANT THEN AGAIN ADVISED THAT HE COULD NOT COMPLETE THE TASKS I ADVISED THE DEFENDANT THAT I WAS GIVING HIM A THIRD CHANCE TO COMPLETE THE TASKS TO THE BEST OF HIS ABILITY, AN HE AVDISED THAT HE WAS REFUSING TO TAKE THE REST OF THE SOBRIETY TASKS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED, BEHIND HIS BACK, AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA A PRE-PRINTED, AGENCY ISSUED CARD. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND THAT HE WISHED TO CONTINUE SPEAKING WITH ME AT THIS TIME. 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. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, WITH THE TEST RESULTS BEING 0.214; AND 0.216. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH PROPERTY DAMAGE, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING NUMBER 7194XDO5, WITH A MANDATORY COURT APPEARANCE OF 010313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING NUMBER 8344GQF9,FOR RUNNING A STOP SIGN, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING NUMBER 8343GQF8, FOR FAILURE TO WEAR A SAFETY BELT, WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
