| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR 14-12961) (14-162142) 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 112714, AT APPROXIMATELY 1820 HOURS, WHILE ON ROUTINE PATROL AND CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF TURNER CAMP ROAD, I WAS TRAVELING SOUTHBOUND APPROACHING ELLA AVENUE AND MIDDLE SCHOOL DRIVE. I OBSERVED THE DEFENDANT'S VEHICLE CROSS THE CENTER LINE AND CAME IN TO MY LANE OF TRAVEL CAUSING THIS DEPUTY TO VEER OFF THE SIDE OF THE ROAD TO AVOID A HEAD ON COLLISION. AT THAT TIME, I CONDUCTED A U-TURN ON THIS VEHICLE WHICH WAS NOW HEADING NORTHBOUND ON TURNER CAMP ROAD APPROACHING SUNSET ROAD. UPON POSITIONING MY PATROL VEHICLE BEHIND THE DEFENDANT'S VEHICLE, I OBSERVED THE DEFENDANT TO CROSS THE SOLID WHITE FOG LINE ON THE RIGHT HAND SIDE OF THE ROAD AND DRIVE ON THE GRASSY AREA WITH HIS RIGHT SIDE TIRES. I CONTINUED TO OBSERVE THIS VEHICLE WHERE I OBSERVED IT AGAIN CROSS THE CENTER SOLID YELLOW LINE WITH THE DRIVER SIDE TIRES. THE DEFENDANT THEN OVER CORRECTED AND WENT TO THE RIGHT SIDE OF THE ROADWAY, LEAVING THE PAVEMENT WITH HIS RIGHT SIDE TIRES. THE DEFENDANT THEN DROVE THE VEHICLE ACROSS THE CENTER SOLID YELLOW LINE AGAIN AS TRAFFIC WAS APPROACHING. ON COMING TRAFFIC HAD TO SLOW DOWN AND MOVE OVER TO AVOID A COLLISION WITH THE DEFENDANT'S VEHICLE AT THAT TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS IN THE AREA OF SUNSET ROAD. THE DEFENDANT CONTINUED NORTHBOUND AT A SLOW RATE OF SPEED TO DEER RUN ROAD AND TURNER CAMP ROAD WHERE THE DEFENDANT THEN PULLED OF THE ROADWAY. I CONDUCTED A TRAFFIC STOP AN A 1997 SILVER NISSAN PICKUP BEARING FLORIDA LICENSE PLATE 315HYR. UPON MAKING CONTACT WITH THE DRIVER OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT, MR ERIK ROEMER HEISLER, I IDENTIFIED MYSELF AND EXPLAINED THE REASON FOR THE TRAFFIC STOP, WHICH WAS FAILURE TO MAINTAIN A SINGLE LANE, BASED ON THE DRIVING PATTERN I HAD OBSERVED. I REQUESTED THE DRIVER'S VEHICLE REGISTRATION, INSURANCE, AND DRIVER'S LICENSE. THE DEFENDANT SPOKE WITH A VERY THICK TONGUE, HAD SLURRED SPEECH, AND I OBSERVED THE DEFENDANT'S EYES TO BE GLASSY AND BLOODSHOT. THE DEFENDANT HAD DIFFICULTY PRODUCING THE DOCUMENTS I HAD REQUESTED AND COULD NOT PROVIDE THIS DEPUTY WITH HIS DRIVER'S LICENSE. AT THAT TIME, NOT KNOWING IF THE DRIVER OF THE VEHICLE WAS SUFFERING FROM A MEDICAL CONDITION OR COULD POSSIBLY BE DIABETIC, I ASKED A SERIES OF QUESTIONS TO INCLUDE IF THE DEFENDANT WAS DIABETIC WHICH HE STATED NO. I ASKED THE DEFENDANT IF HE WAS UNDER THE INFLUENCE OF ANY PRESCRIBED NARCOTIC TO WHICH HE STATED NO. THE DEFENDANT LOOKED FOR HIS DRIVER'S LICENSE FOR APPROXIMATELY THREE TO FIVE MINUTES WHILE STILL BEING IN ACTUAL PHYSICAL CONTROL OF THE ABOVE LISTED VEHICLE WITH THE KEYS IN THE IGNITION AND THE VEHICLE STILL RUNNING. DUE TO THE FACT THE DEFENDANT COULD NOT PRODUCE HIS DRIVER'S LICENSE, I RETURNED TO MY PATROL VEHICLE WHERE DEPUTY CLARK RESPONDED AS BACKUP. UPON RUNNING THE DEFENDANT'S VEHICLE THROUGH FCIC/NCIC, IT REVEALED THE NAME OF THE DEFENDANT AND SHOWED HIS DRIVER'S LICENSE WAS VALID AT THE TIME OF THE TRAFFIC STOP. HAVING THIS INFORMATION IN MIND I RETURNED TO THE DEFENDANT'S VEHICLE AND SPOKE WITH HIM. UPON REACHING THE DRIVER SIDE FRONT DOOR I DETECTED A STRONG ODOR OF ALCOHOL COMING FROM THE DEFENDANT'S BREATH AND PERSON. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM AND WHERE HE WAS GOING. WHILE THE DEFENDANT SPOKE, IT WAS DIFFICULT TO UNDERSTAND HIM DUE TO HIM SPEAKING WITH A THICK TONGUE. HE ADVISED HE WAS COMING FROM HIS RESIDENCE AT 9114 NORTH LENNOX TERRACE, DUNNELLON AND GOING TO HIS GIRLFRIENDS HOUSE SOMEWHERE OFF TURNER CAMP ROAD. IN THE BED OF THE DEFENDANT'S VEHICLE I OBSERVED MULTIPLE ALCOHOLIC CONTAINERS TO INCLUDE AN EMPTY SMIRNOFF VODKA BOTTLE, A PARTIALLY EMPTY WINE BOTTLE, AND SEVERAL EMPTY BEER CANS. I ASKED THE DEFENDANT IF THE EMPTY CONTAINERS WERE PREVIOUSLY THERE OR IF HE HAD BEEN DRINKING THIS EVENING. THE DEFENDANT TOOK SEVERAL MOMENTS TO RESPOND TO THIS DEPUTY AND STATED THEY WERE ALREADY THERE. AT APPROXIMATELY 1847 HOURS, I INFORMED THE DEFENDANT I HAD CONCLUDED MY TRAFFIC STOP AND WOULD BE ISSUING HIM WRITTEN WARNING NUMBER 387163B FOR FAILURE TO DRIVE AND MAINTAIN A SINGLE LANE AND I WOULD NOW BE CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION AND ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. I ASKED THE DEFENDANT HOW MANY ALCOHOLIC BEVERAGES HE DRANK THIS EVENING TO WHICH HE ADVISED HE HAD A FEW DRINKS EARLIER IN THE EVENING AND THAT HE STARTED DRINKING AT APPROXIMATELY 1600 HOURS. I ASKED THE DEFENDANT WHAT TYPE OF ALCOHOLIC DRINKS HE HAD CONSUMED WHERE HE INFORMED ME THAT HE HAD SEVERAL SHOTS OF UNKNOWN ALCOHOLIC BEVERAGE AND TWO VODKA MIXED DRINKS. WHILE SPEAKING WITH THE DEFENDANT, THE ALCOHOL ODOR COMING FROM HIS BREATH AND PERSON BECAME STRONGER. A PAT DOWN SEARCH WAS CONDUCTED ON THE DEFENDANT FOR OFFICER SAFETY PURPOSES WHERE I HAD DEPUTY CLARK REMAIN WITH THE DEFENDANT ON THE ROADSIDE. I POSITIONED MY PATROL VEHICLE ON THE SIDE OF THE ROAD, IN A WELL LIT AREA, UTILIZING THE SOLID WHITE FOG LINE AS A REFERENCE POINT FOR THE FIELD SOBRIETY TASKS THAT I WAS ABOUT TO PERFORM ON THE DEFENDANT. HAVING POSITIONED MY PATROL VEHICLE SUCCESSFULLY I RETURNED TO THE DEFENDANT AND ASKED IF HE WOULD WILLINGLY SUBMIT TO FIELD SOBRIETY TASK TO WHICH THE DEFENDANT AGREED AND STATED HE WOULD HAVE NO PROBLEM WITH THEM. WITH MY IN CAR DASH CAMERA RECORDING THE SERIES OF SOBRIETY TASKS I INFORMED THE DEFENDANT OF THE TASKS THAT WERE ABOUT TO BE CONDUCTED AND THAT I WOULD EXPLAIN AND DEMONSTRATE EACH TASK IN ITS ENTIRETY AND IF THE DEFENDANT DID NOT UNDERSTAND THE INSTRUCTIONS TO ASK QUESTIONS PRIOR TO BEGINNING THESE TASKS. . 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. WITH DEPUTY CLARK OBSERVING, I INSTRUCTED THE DEFENDANT ON THE FIRST TASK TO BE CONDUCTED. TASK ONE, FINGER TO NOSE; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT FAILED THE TASK BY TOUCHING THE RIGHT SIDE OF HIS NOSTRIL AND HOLDING IT THERE FOR APPROXIMATELY TEN SECONDS. THE SECOND ATTEMPT WITH HIS LEFT FINGER THE DEFENDANT FAILED THE TASK BY TOUCHING THE LEFT BRIDGE OF HIS NOSE HOLDING IT THERE FOR APPROXIMATELY THREE SECONDS. THE REMAINDER OF ATTEMPTS WAS ALSO FAILED WHERE THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS NOSE AND HELD HIS FINGER ON HIS NOSE LONGER THAN INSTRUCTED. TASK TWO, 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. TASK THREE, WALK AND TURN; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD DIFFICULTY STANDING ON HIS OWN AND WAS VERY UNBALANCED. AFTER INSTRUCTIONS THE DEFENDANT BEGAN THE TASK, HOWEVER ON THE THIRD STEP FAILED TO TOUCH HEEL TO TOE AND ON STEP FOUR AND FIVE STRUGGLED WITH HIS BALANCE. ON STEP FIVE THE DEFENDANT STEPPED OFF THE SOLID WHITE FOG LINE AND STARTED THE TASK OVER. THE DEFENDANT HAD THE SAME DIFFICULTY AS BEFORE WITH HIS BALANCE AND COORDINATION, STEPPING OF THE WHITE FOG LINE ON STEP FIVE HOWEVER CONTINUED THE TASK. THE DEFENDANT TOOK APPROXIMATELY TEN STEPS NOT TOUCHING HEEL TO TOE WHEN INSTRUCTED TO ONLY TAKE NINE HEEL TO TOE STEPS. ON THE RETURN PATH, THE DEFENDANT MISSED STEPS SIX THROUGH NINE, NOT TOUCHING HEEL TO TOE AS PREVIOUSLY INSTRUCTED. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ASKED IF ANY PHYSICAL IMPAIRMENT THAT WOULD IMPEDE HIM FROM COMPLETING THIS TASK WHERE THE DEFENDANT STATED HE WAS CAPABLE AND DID NOT HAVE ANY INJURIES THAT WOULD PREVENT HIM FROM COMPLETING THIS TASK. THE DEFENDANT WAS VERY UNSTABLE AND HAD DIFFICULTY STANDING ON HIS OWN. ONCE THE DEFENDANT STARTED THE TASK HE DID NOT FOLLOW INSTRUCTIONS AND COULD NOT HOLD HIS BALANCE FOR MORE THAN APPROXIMATELY FIVE SECONDS AND THEN BEGAN TO STUMBLE. THE DEFENDANT ATTEMPTED THIS EXERCISE TWO MORE TIMES WITH THE SAME RESULTS AS PREVIOUSLY MENTIONED. HAVING TO ALMOST CATCH THE DEFENDANT AS HE WAS STUMBLING DURING THE EXERCISE, THIS EXERCISE WAS STOPPED FOR THE DEFENDANT'S SAFETY. TASK FIVE, ROMBERG RECITATION, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HE UNDERSTOOD AND BEGAN. APPROXIMATELY HALF WAY THROUGH THE TASK, THE DEFENDANT BEGAN TO SING THE ALPHABET IN A RHYTHMICAL MANNER UNTIL HE REACHED Z. UPON COMPLETION OF THIS TASK I ASKED THE DEFENDANT WHY HE STARTED TO SING THE ALPHABET TO WHICH HE STATED IT WAS HABIT. 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 READ HIS MIRANDA WARNINGS AT APPROXIMATELY 1903 HOURS VIA AN AGENCY APPROVED MIRANDA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT, AT APPROXIMATELY 1903 HOURS, 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING WHERE DEPUTY CLARK REMAINED ON SCENE AND A VEHICLE TOW SHEET WAS COMPLETED AND LATER TURNED IN TO RECORDS. 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 FIRST TEST RESULTS BEING 0.159 AND THE SECOND BEING 0.159. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. DURING A SEARCH OF THE DEFENDANT'S DRIVING HISTORY IT WAS FOUND THE DEFENDANT HAD A PREVIOUS DRIVING UNDER THE INFLUENCE IN 2008. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $2,000.00 BOND FOR HIS SECOND DRIVING UNDER THE INFLUENCE PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4695-XDX-X WITH A MANDATORY COURT APPEARANCE OF 121814 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE |
