| Probable cause affidavit: |
SUBMITTED BY: LYNN, KURT 0349 (AR07005525) ON 100807, I WAS DISPATCHED TO A VEHICLE CRASH THAT occurred ON COUNTY ROAD 486, 50 FEET EAST OF THE INTERSECTION AT COUNTY ROAD 491. THE VEHICLE CRASH INVOLVED THREE VEHICLES AND ALL VEHICLES WERE REMOVED FROM THE ROAD INTO AN ABANDONED GAS STATION PARKING LOT UPON MY ARRIVAL. ONE VEHICLE, A GREEN CHEVROLET TWO DOOR, HAD BEEN TRAVELING WESTBOUND ON COUNTY ROAD 486 AND ACCORDING TO WITNESSES, THE VEHICLE HAD BEEN DRIVING CARELESSLY, ABOVE THE SPEED LIMIT FROM THE INTERSECTION AT FOREST RIDGE BOULEVARD. THIS VEHICLE FAILED TO STOP FOR the OTHER VEHICLES THAT HAD STOPPED AT THE INTERSECTION OF THE STOP LIGHT. THE FRONT OF THE GREEN CHEVROLET STRUCK THE REAR OF A 2005 FORD SPORTS UTILITY (SUV), WHICH HAD INTERN STRUCK THE REAR OF A 2007 FOUR DOOR CHEVROLET IMPALA. THIS CAUSED SIGNIFICANT DAMAGE TO ALL VEHICLES INVOLVED. THE GREEN CHEVROLET, WHICH WAS DRIVEN BY THE DEFENDANT, MR ERIC HAMMERBECK, DROVE FROM THE INTERSECTION AROUND THROUGH THE RED LIGHT AND IN TO THE ABANDONED GAS STATION PARKING LOT IMMEDIATELY AFTER THE CRASH. UPON DRIVING IN TO THE PARKING LOT, THE VEHICLE DROVE THROUGH A WOOD PICKET FENCE AND IN TO A GRASS RETENTION POND AREA. THE VEHICLE THEN STOPPED. UPON ARRIVAL AND SPEAKING WITH THE DEFENDANT, I NOTICED A SIGNIFICANT ODOR OF BEER BEING EMITTED FROM THE DRIVER AS HE SPOKE. I COLLECTED HIS INFORMATION AND SPOKE WITH the OTHER DRIVERS. WHILE DOING SO, I OBSERVED THE DEFENDANT WALKING AROUND THE PARKING LOT, SEEMINGLY LOST AND THEN SPOKE WITH HIM FURTHER AS TO IF HE HAD BEEN DRINKING OR NOT. TO THIS, HE ANSWERED THAT HE HAD NOT BEEN DRINKING; HOWEVER, THE ODOR OF AN ALCOHOLIC BEVERAGE WAS STRONG. AT THAT TIME, I DECIDED TO CONDUCT A SERIES OF FIELD SOBRIETY TASKS. THE FIRST TASK CONDUCTED WAS THE HORIZONTAL GAZE NYSTAGMUS, TO WHICH THERE WAS SIGNIFICANT NYSTAGMUS IN BOTH THE LEFT AND RIGHT EYE. AT THE beginning OF THE TASK, THE DEFENDANT HAD DIFFICULTY REACHING OUT WITH HIS RIGHT INDEX FINGER AND TOUCHING THE TOP OF THE PEN THIS DEPUTY WAS HOLDING. THE DEFENDANT ALSO DISPLAYED POOR BALANCE AND COULD NOT STAND UP STRAIGHT FOR ANY LENGTH OF TIME. THE SECOND TASK WAS THE FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. UPON STARTING THE TASK, THE DEFENDANT HAD DIFFICULTY FOLLOWING THE SIMPLE INSTRUCTIONS THAT WERE DEMONSTRATED AND EXPLAINED TO HIM. HE DISPLAYED POOR BALANCE AND ON THREE SEPARATE OCCASIONS, HE COULD NOT TOUCH HIS INDEX FINGER TO THE TIP OF HIS NOSE. THE LAST TASK WAS THE WALK AND TURN TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT PRIOR TO HIM BEING ASKED TO COMPLETE THE TASK. DURING THIS TASK, THE DEFENDANT COULD NOT TOUCH HEEL TO TOE. HE EXTENDED HIS ARMS OUT MORE THAN SIX INCHES FOR BALANCE AND COULD NOT FOLLOW A STRAIGHT LINE ON THE PAVEMENT. AT THAT TIME, THE DEFENDANT WAS INFORMED OF HIS ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS READ MIRANDA FROM A PRE PRINTED CARD AND IMPLIED CONSENT. THE DEFENDANT STATED THAT HE HAD ONE BEER PRIOR TO THE CRASH AND STATED THAT HE HAD TWO PRIOR DUI'S IN THE STATE OF FLORIDA. THE DEFENDANT'S OPEN CONTAINER WAS FOUND UNDER THE DRIVER'S SEAT. THIS WAS A 16 OUNCE BUDWEISER AND WAS STILL PARTIALLY COLD IN A PAPER BAG. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS GIVEN AN INTOXILYZER BY OPERATOR AT THE CITRUS COUNTY DETENTION FACILITY WITH THE RESULTS BEING .075 AND THE MACHINE SHOWED INTERFERENCE THEN MALFUNCTIONED. DURING THE TIME AT THE CORRECTION CORPORATION OF AMERICA (CCA), THE DEFENDANT FAILED HIS FIELD SOBRIETY TASKS ON CCA VIDEO SURVEILLANCE AND URINATED ON HIMSELF. THE DEFENDANT WAS ISSUED THREE UNIFORM TRAFFIC CITATIONS; NUMBER 6806FGW, FOR CARELESS DRIVING, NUMBER 6807FGW, FOR OPEN CONTAINER (DRIVER) AND NUMBER 6808FGW FOR DUI. *NOT-EXEMPT* |
