| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR11123534) 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 111311, I WAS DISPATCHED TO TWO SEPARATE CALLS IN REFERENCE TO AN INTOXICATED SUBJECT. THE FIRST CALL I RECEIVED FOR A GRAY MERCEDES IN THE AREA OF KINGS BAY DRIVE. I BOLO'D THE AREA, WHICH WAS MET WITH NEGATIVE CONTACT FOR THE VEHICLE. I THEN RECEIVED A CALL IN REFERENCE TO A VEHICLE IN THE DRIVE-THRU AT WALGREENS AND THAT THE DRIVER APPEARED TO BE EXTREMELY INTOXICATED. I WENT TO WALGREENS AND I NOTICED A GRAY MERCEDES IN THE DRIVE-THRU, WHICH WAS THE SAME VEHICLE I HAD JUST BOLO'D FOR. I WAITED BEHIND THE VEHICLE SO THAT I COULD OBSERVE A DRIVING PATTERN. AS THE VEHICLE WAS EXITING WALGREENS, IT DID NOT MAKE A COMPLETE STOP AS IT BEGAN TO PULL ONTO NE 3RD STREET. AS THE DRIVER OF THE VEHICLE WAS DRIVING DOWN NE 3RD STREET HE DROVE WAY PAST THE CENTER OF THE ROAD TO THE LEFT AND THEN CAME BACK. HE THEN MADE A LEFT-HAND TURN ONTO NE 3RD AVENUE. AT THIS POINT, I INITIATED A TRAFFIC STOP. THE DEFENDANT DROVE OVER THE DOUBLE YELLOW LINE AND THEN SWERVED BACK. HE EVENTUALLY STOPPED BEHIND THE POST OFFICE ON CUTLER SPUR BOULEVARD. I THEN APPROACHED THE DRIVER AND ASKED FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE. HE GAVE ME A TEMPORARY DRIVER'S LICENSE ON A PIECE OF PAPER. HE HANDED ME AN EXPIRED INSURANCE CARD, WHICH EXPIRED IN 2008. I THEN ASKED THE DEFENDANT/DRIVER, WHOSE NAME APPEARED TO BE FRANK BERTINO, JR ON THE TEMPORARY DRIVING DOCUMENT, TO EXIT THE VEHICLE TO PERFORM SEVERAL FIELD SOBRIETY TASKS. I COULD DETECT A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON, HIS EYES WERE BLOOD SHOT AND GLAZED OVER AND HIS SPEECH WAS EXTREMELY SLURRED. UPON THE DEFENDANT EXITING THE VEHICLE, HE WAS VERY UNSTEADY ON HIS FEET. I ASKED HIM IF HE HAD ANY PROBLEMS THAT WOULD PREVENT HIM FROM PERFORMING ANY OF THE FIELD SOBRIETY EXERCISES, TO WHICH HE STATED HE HAD THREE COMPRESSED DISCS AND A BAD KNEE. TASK ONE, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT STATED THAT HE UNDERSTOOD. I THEN ASKED THE DEFENDANT TO TAKE HIS RIGHT INDEX FINGER AND TOUCH THE TIP OF MY PEN. HE HELD OUT HIS LEFT HAND AND THEN SAID, "OH, THAT IS MY LEFT HAND." AND TOUCHED THE PEN WITH HIS RIGHT FINGER. 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 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. AS I ADVISED HIM TO FOLLOW MY PEN HE DID NOT MOVE HIS HEAD OR HIS EYES HE STARED STRAIGHT AT ME. HE ADVISED HE WAS WAITING FOR ME TO TURN THE LIGHT ON, ON MY PEN. I STATED THAT THERE WAS NOT LIGHT AND THAT IT WAS DAYLIGHT OUT. I THEN PREFORMED THE EXERCISE AGAIN. HE DID NOT KEEP HIS HEAD STRAIGHT. HE FOLLOWED MY PEN WITH HIS HEAD. TASK THREE, ALPHABET: I THEN ASKED HIM WHAT LEVEL OF EDUCATION HE HAD COMPLETED. HE ADVISED HE HAD "PH D". I ASKED HIM IF HE KNEW HIS ALPHABET, TO WHICH HE ADVISED HE DID. HE ADVISED THAT HE NEEDED SOMEONE TO HOLD ON TO FOR BALANCE. AS I WAS EXPLAINING THIS TASK TO HIM HE KEPT HIS FEET TOGETHER. HE THEN PUT ONE FOOT IN FRONT OF ANOTHER IN WHAT APPEARED TO BE AN ATTEMPT TO DO THE ONE LEG STAND TASK. I EXPLAINED THIS EXERCISE AGAIN AND WHEN HE FINALLY DID ATTEMPT THE EXERCISE HE WALKED TO MY PATROL CAR. WHILE HE DID THIS HE ATTEMPTED TO RECITE THE ALPHABET, BUT COULD HOT RECITE IT CORRECTLY. TASK FOUR, FINGER TO NOSE TASK: I THEN EXPLAINED THE FINGER-TO-NOSE TASK. I EXPLAINED THIS EXERCISE AND DEMONSTRATED IT NUMEROUS TIMES. THE TIMES HE HAD ATTEMPTED TO TRY THIS EXERCISE HE NEVER POINTED FORWARD MISSING THE TIP OF HIS NOSE. HE THEN LOOKED AT ME AND STATED AND ASKED ME TO TELL HIM WHAT TO DO. WHEN I EXPLAINED IT AGAIN HE STATED THAT HE JUST LIVED DOWN THE ROAD. THE DEFENDANT WAS THEN PLACED UNDER ARREST. AS I WAS PLACING HIM IN HANDCUFFS DOUBLE CHECKING HIS HANDCUFFS HE KEPT SCREAMING NOT TO PUT THE HANDCUFFS ON HIM. HE DID NOTHING WRONG AND HE IS A DISABLED PERSON. I CHECKED HIS HANDCUFFS AND MADE SURE THERE WAS PLENTY OF ROOM BY INSERTING A FINGER BETWEEN HIS WRIST AND HIS HANDCUFFS. I THEN STARTED TO WALK HIM BACK TO MY PATROL CAR. HE WAS TELLING US TO STOP PUSHING HIM, TO WHICH WE DID NOT DO. WHEN WE GOT TO MY PATROL CAR I ASKED HIM TO SIT IN THE BACK SEAT. HE STATED THAT HE WOULD NOT AND REFUSED. DEPUTY CULBERTSON ASSISTED ME IN SEATING THE DEFENDANT IN THE BACK SEAT. I READ MIRANDA AND IMPLIED CONSENT TO THE DEFENDANT FROM A PRE-PRINTED CARD. HE STATED THAT HE DID NOT UNDERSTAND HIS MIRANDA. I ASKED HIM HE WANTED ME TO REPEAT THEM. HE STATED, NO . I ASKED HIM IF HE WOULD TAKE A BREATHALYZER UPON ARRIVING AT THE JAIL AND HE STATED NO HE WOULD NOT. HIS VEHICLE WAS TOWED BY ALL PRESTIGE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE JAIL, HE DID NOT WANT TO GET OUT OF MY VEHICLE. JAIL PERSONNEL DID GET HIM OUT OF MY VEHICLE AFTER I HAD UN-CUFFED ONE ARM. HE WENT INTO THE INTOXILYZER ROOM AND REFUSED EVERYTHING. THE DEFENDANT WAS ISSUED DRIVING UNDER THE INFLUENCE (DUI) CITATION NUMBER 4636-XDXX, FOR DUI WITH A MANDATORY COURT APPEARANCE OF 120111 AT 1300 HOURS. HE WAS ALSO ISSUED STANDARD CITATION NUMBER 7581-GJX8, FOR FAILURE TO MAINTAIN A SINGLE LANE. HE WAS ALSO ISSUED CITATION NUMBER 7582-GJX9, FOR NO PROOF OF VALID INSURANCE. HIS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. IT SHOULD BE NOTED, THE PIECE OF PAPER THE DEFENDANT HAD PRESENTED WAS NOT TAKEN BECAUSE HE DID NOT HAVE A HARD LICENSE. THE DEFENDANT'S DRIVING AND FIELD SOBRIETY EXERCISES WERE VIDEO TAPED AND AUDIO TAPED. A COPY OF THE VIDEO WILL BE SUBMITTED IN TO EVIDENCE. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
