| Probable cause affidavit: |
SUBMITTED BY: PINNER, DAVID 0473 (AR09111552) 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 102209, AT APPROXIMATELY 0025 HOURS, I WAS CONTACTED BY DEPUTY DAVIS WHO ADVISED ME HE HAD JUST STOPPED A VEHICLE FOR HAVING A TAILLIGHT OUT. HE ADVISED ME HE BELIEVED THE OWNER OF THIS VEHICLE WAS UNDER THE INFLUENCE OF ALCOHOL. I ARRIVED ON SCENE WITH HIM A SHORT TIME LATER AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR FRANK BONACCI, AND UPON WALKING UP TO THE WINDOW OF THE VEHICLE, I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER'S SIDE WINDOW AT A DISTANCE OF APPROXIMATELY TWO FEET. AS I INTRODUCED MYSELF TO THE DEFENDANT, I NOTICED THAT HIS EYES WERE VERY GLASSY AND BLOODSHOT AND THE DEFENDANT'S SPEECH WAS ALSO SLURRED AND THICK TONGUED. I ASKED THE DEFENDANT IF HE HAD ANY ALCOHOLIC BEVERAGES TONIGHT, TO WHICH HE ADVISED HE HAD FOUR TO FIVE BEERS, APPROXIMATELY ONE HOUR AGO. HE ADVISED ME THAT HE HAD BEEN DRINKING AT A BUDDY'S HOUSE SOMEWHERE IN CRYSTAL RIVER. THE DEFENDANT COULD NOT REMEMBER THE STREET NAME ON WHICH HIS BUDDY LIVED. THE DEFENDANT FURTHER ADVISED HE WAS ON HIS WAY HOME TO ENCORE RECREATIONAL VEHICLE (RV) PARK, OFF FORT ISLAND TRAIL. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND WALK BACK TO MY PATROL VEHICLE, AND ADVISED THE DEFENDANT THAT AT THIS TIME DEPUTY DAVIS HAD COMPLETED HIS TRAFFIC STOP AND THAT I WAS NOW CONDUCTING AN INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. 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 HIS RIGHT KNEE WAS BAD BUT HE HAD NEVER HAD ANY SURGERIES ON IT. HE DID ADVISE ME THERE SHOULD BE NO ISSUES WITH THESE TASKS AS HE DID NOT FEEL HE WAS INTOXICATED. I THEN ESCORTED THE DEFENDANT TO THE NEARBY PARKING LOT OF THE CRYSTAL PARADISE RESTAURANT. I FOUND A PARKING SPACE LINE UNDER A LIGHT FIXTURE AND BEGAN ROADSIDE SOBRIETY TASKS. 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 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. THE DEFENDANT ALSO SWAYED LEFT AND RIGHT AND HE HAD EXTREME DIFFICULTY FOLLOWING THE PEN I USED FOR THIS TASK. HE HAD TO BE INSTRUCTED SEVERAL TIMES TO FOLLOW THE PEN WITH HIS EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT WALK WITH HIS HEEL TO HIS TOE IN EVERY STEP. THE DEFENDANT HAD DIFFICULTY TURNING AROUND AND HAD TO BE TOLD TO BEGIN WALKING BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS FOOT AND COUNTED TO NINE AND PLACED HIS FOOT DOWN AND THEN RAISED HIS FOOT BACK UP AND STARTED OVER AT ONE. HE COUNTED TO EIGHT AND PLACED H IS FOOT DOWN. I INSTRUCTED THE DEFENDANT THAT WHEN HE PICKED HIS FOOT BACK UP HE NEEDED TO START WHERE HE LEFT OFF COUNTING. THE DEFENDANT PICKED HIS FOOT BACK UP AGAIN AND STARTED OVER AT ONE, AND COUNTED TO TEN BEFORE PLACING HIS FOOT BACK DOWN AGAIN. I EXPLAINED TO THE DEFENDANT AGAIN THAT WHEN HE PICKED HIS FOOT UP HE NEEDED TO START AT TEN BECAUSE THAT WAS THE LAST NUMBER HE COUNTED TO. THE DEFENDANT WAS ABLE TO PERFORM THIS TASK AFTER THESE INSTRUCTIONS. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT, UPON RAISING HIS HAND EACH TIME, TOUCHED HIS FINGER TO THE SIDE OF HIS NOSE, CLOSING OFF HIS NOSTRIL. EACH TIME THE DEFENDANT TOUCHED HIS NOSE HE WAS ADVISED HE NEEDED TO TOUCH THE TIP OF HIS NOSE ONLY; HOWEVER, HE TOUCHED THE SIDE OF HIS NOSE. TASK FIVE, RHOMBERG ALPHABET TASK. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THE DEFENDANT COULD READ AND WRITE THE ENGLISH LANGUAGE AND AT LEAST HAD A HIGH SCHOOL EDUCATION. THE DEFENDANT ADVISED HE DID. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT BEGAN THIS TASK CORRECTLY; HOWEVER, AS HE GOT TO "H" HE BEGAN TO SING THE ALPHABET. AS THE DEFENDANT GOT TO THE LETTER 'S" HE STOPPED AND THEN AGAIN STARTED THE ALPHABET AND AGAIN GOT TO THE LETTER "S" AND STOPPED. THE DEFENDANT ADVISED ME HE COULD NOT REMEMBER THE NEXT LETTER. I ASKED THE DEFENDANT IF HE KNEW HIS ALPHABET, TO WHICH HE ADVISED HE DID. I ADVISED THE DEFENDANT THE NEXT LETTER AFTER "S" IS "T", AND THE DEFENDANT CONTINUED HIS ALPHABET, HOWEVER, AFTER "T" HE WENT TO "U" AND THEN WENT TO "M", "V" AND "H" AND AT THAT TIME HE ADVISED HE WAS DONE. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 DECLINED TO ANSWER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURELY LOCKED AND LEFT IN THE PARKING LOT OF THE CRYSTAL PARADISE RESTAURANT AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS AGAIN READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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, NUMBER 4266-XDX WITH A MANDATORY COURT APPEARANCE OF 110509 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. DEPUTY DAVIS ISSUED THE DEFENDANT TWO WARNINGS; WARNING NUMBER 253563-B FOR DRIVER'S SIDE BRAKE LIGHT OUT, AND WARNING 253564-B FOR FAILURE TO DISPLAY A VEHICLE REGISTRATION. THE DUI PACKET WAS COMPLETED AND TURNED OVER TO RECORDS. *NOT-EXEMPT* |
