| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR13-5777) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired, AND HAS A BLOOD ALCOHOL LEVEL OF .08 OR MORE GRAMS OF ALCOHOL PER 210 LITERS OF BREATH, TO WIT: THE DEFENDANTâS BLOOD ALCOHOL LEVEL WAS TESTED WITH A READING OF .115, in violation of Florida Statute 327.35(1)(C) ON 052613 AT APPROXIMATELY 1800 HOURS, WHILE ON ROUTINE WATER PATROL IN KINGS BAY, I OBSERVED A WHITE SEA DOO TYPE VESSEL ANCHORED IN THE SHALLOWS. IT APPEARED TO HAVE TWO OCCUPANTS WHO WERE STUMBLING OVER EACH OTHER TO THE POINT ONE OF THEM FELL INTO THE RIVER. I THEN OBSERVED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR GARRET BALANIS, START THE VESSEL and REV IT PROFUSELY. AT THIS TIME THE OTHER OCCUPANT WAS STILL IN THE WATER. I THEN OBSERVED THE DRIVER/DEFENDANT MAKE TWO RIGHT TURNS IN A FAST MOTION AROUND THE OTHER OCCUPANT, CAUSING A LARGE WAKE IN A VERY CONGESTED AREA. THERE WERE OTHER BOATERS AND SWIMMERS IN THIS AREA AND I BELIEVED THIS TO POSE A DANGER TO THEIR SAFETY. AS I BEGAN TO PROCEED IN THE DIRECTION OF THIS VESSEL AND THE TWO SUBJECTS, TO EFFECT A STOP, I NOTICED THAT THE DEFENDANTâS VESSEL WAS STILL IN GEAR AND HE WAS ON THE BACK OF IT TRYING TO RETRIEVE HIS OCCUPANT FROM THE REAR DIVE PLATFORM. AT THAT TIME NO ONE HAD CONTROL OF THE VESSEL AND IT WAS STILL IN FORWARD MOTION HEADING TOWARD ANOTHER VESSEL AT A RAPID RATE OF SPEED. THE DRIVER/DEFENDANT THEN PULLED HIS OCCUPANT INTO THE VESSEL, WHERE THEY BOTH FELL DOWN AND THE DRIVER EVENTUALLY REGAINED CONTROL OF THE VESSEL. HE THEN SLOWED TO AN IDLE SPEED AND AS I WAS APPROACHING HIM, HE BRIEFLY ACCELERATED TO A PLAINING MOTION AND THEN BACKED DOWN AGAIN. I THEN GOT IN BEHIND HIM AND ACTIVATED MY EMERGENCY LIGHTS, WHICH HE DID NOT SEE. HE DID LOOK BACK TWO TIMES IN MY DIRECTION; HOWEVER, DID NOT STOP. I THEN ACTIVATED MY SIREN AND AFTER APPROXIMATELY THREE SECONDS OF THE SIREN CONTINUOUSLY RUNNING, HE TURNED AROUND AND THEN CAME TO A STOP. I THEN ASKED TO SEE HIS REGISTRATION AND A FORM OF IDENTIFICATION. HE IMMEDIATELY RETRIEVED HIS REGISTRATION FROM THE DRIVERâS CONSOLE; HOWEVER, WAS VERY UNSTEADY ON HIS FEET, AT WHICH TIME I NOTICED AN EMPTY BUD LITE CAN ON THE FLOORBOARD WHERE HE HAD BEEN OPERATING THE VESSEL. I THEN ASKED HIM AGAIN IF HE HAD A FORM OF IDENTIFICATION, TO WHICH HE SAID YES, HOWEVER, STOOD THERE AND LOOKED AT ME. I ASKED HIM IF I COULD SEE IT, TO WHICH HE STATED, YES, AND STILL STOOD THERE AND LOOKED AT ME. I ASKED AGAIN IF HE WOULD RETRIEVE IT FOR ME AT WHICH TIME HE DID. I THEN ADVISED HIM I HAD STOPPED HIM FOR HIS VIOLATION OF AN IDLE SPEED ZONE AND THE FACT THAT HIS DRIVING PATTERN WAS ENDANGERING OTHER PEOPLE. HE THEN ASKED ME WHAT HE HAD DONE, AT which TIME I EXPLAINED TO HIM THAT THERE WAS NO ONE OPERATING HIS VESSEL WHILE IT WAS IN GEAR AND HE WAS ATTEMPTING TO PULL HIS OCCUPANT INTO THE VESSEL. HE THEN TURNED TO THE OTHER OCCUPANT OF THE VESSEL AND ASKED HIM, âHEY, DID I PULL YOU IN?â HE THEN EXPLAINED TO ME THAT HE DID NOT REMEMBER PULLING THE OCCUPANT INTO THE VESSEL. AT THAT TIME I ADVISED HIM I WAS GOING TO BE CONDUCTING A BUI INVESTIGATION AND ASKED HIM IF HE WOULD PERFORM SOME FIELD SOBRIETY TASKS FOR ME TO DETERMINE IF HE WAS IMPAIRED, AT WHICH TIME HE AGREED. I THEN ASKED HIM TO COME ABOARD MY VESSEL. I THEN HAD HIM SIT ON THE BOW AND ASKED IF HE HAD ANY KNOWN DISABILITIES OR PROBLEMS WITH HIS EYES. HE STATED, NO. AT THAT TIME I EXPLAINED TASK ONE, THE 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. I THEN INITIATED TASK TWO: FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THIS TASK WAS CONDUCTED THREE TIMES AND DURING THE FIRST TIME THE DEFENDANT WAS ASKED TO USE HIS RIGHT INDEX FINGER, WHICH HE DID. THE SECOND TIME THE DEFENDANT WAS ASKED TO USE HIS RIGHT INDEX FINGER, AT WHICH TIME HE PLACED IT ON HIS LEFT CHEEK. THE THIRD TIME HE WAS ASKED TO USE HIS LEFT INDEX FINGER, WHICH HE DID. I THEN PROCEEDED TO THE NEXT TASK, THE PALM PAT. THIS TASK WAS DEMONSTRATED TO THE DEFENDANT AND HE WAS ASKED TO BEGIN, AT WHICH TIME HE DID; HOWEVER, DURING THE TASK HE LOOKED STRAIGHT AHEAD AND DID NOT PROGRESS FASTER AS PREVIOUSLY DEMONSTRATED. AT THAT TIME I MOVED ON TO THE NEXT TASK, THE HAND COORDINATION TASK. I DEMONSTRATED THIS TASK AND THE FOUR SEPARATE TASKS WITHIN IT. HE STATED HE UNDERSTOOD EACH OF THE FOUR PARTS OF THIS TASK, AND BEGAN. HE PROCEEDED THROUGH THE FIRST PART, COUNTING ONE THROUGH FOUR AND THE SECOND PART MEMORIZING THE POSITION OF HIS HANDS AND CLAPPING THREE TIMES. DURING THE THIRD TASK HE BEGAN COUNTING FROM FOUR BACKWARDS WHEN HE WAS PREVIOUSLY INSTRUCTED TO COUNT FIVE AND UP TO EIGHT. HE DID NOT COMPLETE THE FOURTH TASK WHICH WAS TO PLACE HIS PALMS DOWN IN HIS LAP. AT THAT TIME HE WAS PLACED UNDER ARREST AND READ MIRANDA FROM A PREPRINTED AGENCY CARD AND ADVISED ME HE UNDERSTOOD HIS RIGHTS. HE WAS READ IMPLIED CONSENT VIA A PREPRINTED CARD, AND AGREED TO SUBMIT TO A BREATH TEST. HE WAS HANDCUFFED IN FRONT AND A LIFE JACKET WAS PLACED ON HIM. HIS VESSEL WAS TURNED OVER TO HIS FAMILY WHO WERE ON SCENE, AND HE WAS THEN TRANSPORTED VIA BOAT TO THE YACHT CLUB AND THEN TO THE CITRUS COUNTY DETENTION FACILITY VIA VEHICLE. WHERE HE WAS TURNED OVER TO JAIL STAFF SO THEY COULD CONDUCT THEIR PORTION OF THE INVESTIGATION. CCA OFFICER SEAN MCCAZZIO PROVIDED ME WITH THEIR DUI PACKET. UPON REVIEWING THE PACKET IT WAS LEARNED THAT THE DEFENDANT DID AGREE TO A BREATH TEST WHERE HIS SAMPLES WERE .115 AND .097. HE DID DISCLOSE THAT HE HAD DRANK APPROXIMATELY FOUR 12 OUNCE BEERS STARTING AT 1000 HOURS AND ENDING AT 1400 HOURS. THE OFFICER DID NOTE HE HAD SOME TROUBLE WITH THE ONE LEG STAND TASK. THE DEFENDANT WAS LATER ISSUED UNIFORM BOATING CITATION NUMBER V289627 FOR VIOLATION OF MANATEE ZONE, WITH FINE AMOUNT OF $90.00 PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED UNIFORM BOATING CITATION NUMBER V289629 FOR BOATING UNDER THE INFLUENCE WITH A MANDATORY COURT DATE OF 06/17/13 AT 0830 HOURS. THE DEFENDANTâS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
