| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR14-9323) 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(1). ON 030214 AT APPROXIMATELY 2131 HOURS, DEPUTY ANSTEAD AND I, WERE RUNNING TRAFFIC ON US HIGHWAY 41 IN INVERNESS, JUST SOUTH OF MIDDLE SCHOOL ROAD. I OBSERVED A VEHICLE TRAVELING NORTHBOUND ON US HIGHWAY 41. I ESTIMATED THE VEHICLEâS SPEED TO BE 53 MPH (MILES PER HOUR). I THEN ACTIVATED MY RADAR UNIT WHICH INDICATED THE VEHICLE SPEED TO BE 54 MPH IN A 35 MPH ZONE. I PERFORMED A TRAFFIC STOP ON SAID VEHICLE AT US HIGHWAY 41 AND MIDDLE SCHOOL ROAD. THE VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER 1710PC, WHICH WAS A SILVER FOUR DOOR MERCURY. UPON PULLING THE VEHICLE OVER, I MADE CONTACT WITH THE DRIVER LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR ERNEST ALEXIS SMITH. UPON MAKING CONTACT WITH THE DEFENDANT, I IMMEDIATELY NOTICED HE HAD GLASSY BLOODSHOT EYES AND A VERY SLOW REACTION TIME, ALONG WITH A VERY SLOW DRAGGING SPEAK PATTERN. I ADVISED HIM WHY HE WAS BEING PULLED OVER. I THEN NOTICED AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK AND HE GAVE A POSITIVE RESPONSE. I THEN RETURNED TO MY PATROL VEHICLE AND REQUESTED THAT DEPUTY ANSTEAD RESPONDED TO MY LOCATION. I RETURNED TO THE DEFENDANTâS VEHICLE AND ASKED THE DEFENDANT TO EXIT HIS VEHICLE. I NOTICED THE DEFENDANTâS ZIPPER WAS DOWN AND THAT HE HAD URINATED IN HIS PANTS. 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. I HAD DEPUTY ANSTEAD WALK THE DEFENDANT A SHORT DISTANCE AWAY TO THE PARKING LOT OF THE ROLLER BARN, DUE TO IT BEING A FLAT LEVEL SURFACE. I REPOSITIONED MY PATROL VEHICLE AND IN VEHICLE CAMERA TO THAT LOCATION AS WELL. I AGAIN 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. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HE STATED âI DONâT THINK I CAN DO ITâ, HOWEVER HE DID PERFORM THE TASK. HE DID NOT TOUCH HEEL TO TOE AND JUST WALKED UP AND BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN THE ENTIRE TIME, DID NOT COUNT AND COULD NOT FOLLOW THE INSTRUCTION. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED TO USE THE WRONG HAND TWICE. TASK FIVE, RHOMBERG (ALPHABET RECITATION), THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED, WHAT WAS THE LAST GRADE THAT HE COMPLETED IN SCHOOL, THE DEFENDANT ADVISED 12TH GRADE. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO SPEAK THE ALPHABET BETWEEN A TO Z IN A MONOTONE TONE AND NOT TO SING THE ALPHABET. DURING THIS TASK THE DEFENDANT WAS ABLE TO COMPLETE THIS TASK IN A SATISFACTORY MANNER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, WHICH HE ADVISED HE DID NOT UNDERSTAND. I ASKED HIM WHICH PART HE DID NOT UNDERSTAND, HOWEVER HE DID NOT GO INTO AN EXPLANATION. 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 DID NOT GIVE A DEFINITE RESPONSE, HOWEVER HE SHOOK HIS HEAD. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED IN THE PARKING LOT NEXT TO ROLLER BARN . 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 .232 AND .217. 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, CITATION NUMBER 8740-XBI-9, WITH A MANDATORY COURT APPEARANCE ON 032714 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING NUMBER 99039353, FOR DRIVING 54 MPH IN A 35 MPH ZONE. THE TRAFFIC STOP AND ON SCENE SOBRIETY TASKS WERE TAPED VIA IN VEHICLE CAMERA AND WILL BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. |
