| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR09111565) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 102209 I WAS TRAVELING SOUTH BOUND ON HIGHWAY 19, AS I WAS APPROACHING A BEIGE COLORED TOYOTA BEARING FLORIDA TAG 655KCJ, I OBSERVED THE VEHICLE DRIVE OFF THE EDGE OF THE ROAD TWICE. THE DRIVER WAS ALSO GOING 35 MILES PER HOUR (MPH) IN A POSTED 55 MPH ZONE. AT THAT TIME I ACTIVATED MY IN CAR VIDEO CAMERA. I THEN OBSERVED THE VEHICLE CHANGE LANES FROM THE RIGHT LANE TO THE LEFT LANE WITHOUT USING HIS DIRECTIONAL. HE THEN DROVE OVER THE LEFT SOLID LINE ON THE SHOULDER OF THE ROAD, TWO TO THREE MORE TIMES. HE THEN WENT COMPLETELY OFF THE ROAD INTO THE MEDIAN KICKING UP DUST. AT THIS POINT I INITIATED A TRAFFIC STOP ON SAID VEHICLE. THE VEHICLE PULLED OVER ON US HIGHWAY 19 JUST SOUTH OF THE HAYES MOTEL. I APPROACHED THE VEHICLE AND COULD SEE THE DRIVER AND THE PASSENGER LOOKING LIKE THEY WERE TRYING TO PUT SOMETHING BEHIND THE SEAT OF THE PASSENGER. I APPROACHED THE DRIVER SIDE WINDOW AND ASKED THE DRIVER FOR HIS PROOF OF INSURANCE, DRIVER'S LICENSE, AND REGISTRATION. AT THIS POINT THE DRIVER EXHALED HIS CIGARETTE SMOKE OUT TOWARDS ME WHEN HE DID THIS I COULD SMELL THE SMOKE, AND A VERY STRONG ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HE DID HAND ME A WEST VIRGINIA LICENSE WHICH WAS A CLASS A COMMERCIAL DRIVER'S LICENSE, WHEN I ASKED HIM WHY HE HAD NOT TRANSFERRED OVER HIS LICENSE TO FLORIDA HE STATED TO ME THAT HE DID NOT WANT TO TAKE A PICTURE WITH NO TEETH, AND THAT HE WAS AWAITING THE ARRIVAL OF HIS NEW TEETH BEFORE HE TOOK A HIS PICTURE FOR HIS DRIVER'S LICENSE. HE THEN HANDED ME A FLORIDA REGISTRATION FOR HIS VEHICLE. DURING THE TIME HE WAS TRYING TO LOCATE HIS REGISTRATION, I COULD SMELL A VERY STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HE ALSO HAD BLOOD SHOT EYES AND I COULD TELL HE WAS HAVING A VERY HARD TIME LOCATING THE REGISTRATION. I ASKED THE DRIVER, WHOSE NAME WAS MR FREDERICK SCHWEIZER, IF HE HAD BEEN DRINKING THIS EVENING. HE STATED HE HAD DRUNK A PITCHER OF BEER AT 2000 HOURS OF THIS EVENING. I ADVISED HIM I WAS GOING TO HAVE HIM EXIT THE VEHICLE AND PROVIDE A FEW FIELD SOBRIETY TASKS DUE TO HIS APPARENT INEBRIATION. 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. 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. THE DEFENDANT/DRIVER WOULD NOT KEEP HIS HEAD STILL AND WAS SWAYING DURING THIS TASK. TASK TWO, THE ROMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT DURING THIS TASK, THE DEFENDANT SWAYED BACK AND FORTH, AND DID NOT KEEP HIS EYES SHUT. I HAD HIM ATTEMPT THIS EXERCISE TWICE BECAUSE HE WOULD NOT KEEP HIS EYES CLOSED. I THEN STARTED TO EXPLAIN THE ONE LEG STAND. HE ADVISED ME THAT HE COULD NOT DO THAT, EVEN THOUGH HE STATED HE HAD NO PROBLEMS WITH HIS LEGS OR FEET. HE STATED HE CAN NOT EVEN DO THAT IN THE SHOWER. I EXPLAINED TO THE DEFENDANT DURING THE INSTRUCTIONAL PHASE THAT HE NEEDED TO KEEP HIS FEET TOGETHER WHICH HE COULD NOT AND ALMOST FELL OVER DURING THIS TASK. I THEN EXPLAINED THE FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED HIS NOSE AND DID NOT POINT FORWARD ON THIS TASK. I THEN EXPLAINED THE WALK AND TURN HE STATED THAT HE COULD NOT DO THIS EITHER BECAUSE HE WAS TOO "BUZZED." HE STATED THAT HE SHOULD HAVE LET HIS WIFE DRIVE, BECAUSE HE DID NOT THINK THAT HE SHOULD HAVE BEEN DRIVING. I ADVISED THE DRIVER THAT I WAS PLACING HIM UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. HE WAS THEN READ HIS MIRANDA RIGHTS VIA PRE PRINTED AGENCY ISSUED 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 STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY THE DEFENDANT WAS TALKING IN THE BACKSEAT OF MY PATROL VEHICLE, HE STATED THAT HE DID NOT THINK HE SHOULD HAVE HAD SO MANY BEERS AND SHOTS AT THE BAR WHILE HE WAS SINGING KARAOKE. HE DID ADVISE ME DURING HIS TALK THAT HE MADE A MISTAKE. UPON ARRIVAL AT THE DETENTION FACILITY HE DID CONSENT TO THE BREATHALYZER THE RESULTS BEING, .144, .139. UPON SEARCHING THE DEFENDANTS VEHICLE FOUR BUSCH LIGHT BOTTLES WERE LOCATED. THIS IS WHAT THE DEFENDANT AND HIS PASSENGER, WHO WAS HIS WIFE, WERE STUFFING BEHIND THE SEAT AS I WAS WALKING UP TO THE VEHICLE. PRIOR TO LEAVING THE SCENE THE VEHICLE WAS TOWED BY KNIGHTLY AUTO, DUE TO HIS WIFE BEING TOO INTOXICATED TO DRIVE, AND THEY COULD GET NO ONE TO PICK IT UP. 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, NUMBER3151-XDQ WITH A MANDATORY COURT APPEARANCE OF 111209 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0168-ESH, FOR FAILURE TO CHANGE HIS ADDRESS ON HIS DRIVER'S LICENSE WITHIN TEN DAYS. THE DEFENDANT WAS ISSUED CITATION 0169-ESH FOR FAILURE TO MAINTAIN A SINGLE LANE, AND THE DEFENDANT WAS ALSO ISSUED 7107-ESH, FOR HAVING AN OPEN CONTAINER WHICH WAS A COLD BOTTLE OF BUSCH LIGHT. NO FURTHER INFORMATION AT THIS TIME. *NOT-EXEMPT* |
