| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (12-44165) THE DEFENDANT 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 030612 AT 2135 HOURS, I RESPONDED TO A TRAFFIC CRASH AT US HIGHWAY 41 AND STATE ROAD 44 EAST IN INVERNESS. UPON ARRIVAL, I OBSERVED A SMALL CHEVROLET PASSENGER VEHICLE WITH THE REAR END CRUSHED IN BY A MAROON DODGE PICKUP TRUCK IN THE OUTSIDE NORTHBOUND LANE, ON THE NORTH SIDE OF THE INTERSECTION. AN EMERGENCY MEDICAL SERVICES (EMS) UNIT WAS ALREADY ON SCENE. EMS PERSONNEL WERE ASSESSING THE DRIVER AND PASSENGER OF THE CHEVROLET VEHICLE AS WELL AS THE DRIVER/DEFENDANT OF THE DODGE PICKUP TRUCK , MR GARY J GROSS. MR GROSS WAS STILL SITTING IN THE DRIVER SEAT. MR GROSS REFUSED EMS TREATMENT AND I MADE CONTACT WITH HIM TO INVESTIGATE THE CRASH. UPON MAKING CONTACT WITH MR GROSS, I DETECTED A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I OBSERVED THAT HIS EYES WERE WATERY, GLASSY AND BLOODSHOT AND HIS SPEECH WAS SLURRED. I ALSO OBSERVED THAT MR GROSS WAS HOLDING WHAT APPEARED TO BE DENTURES. UPON COMPLETION OF MY TRAFFIC CRASH INVESTIGATION, I POSITIONED MY PATROL VEHICLE (WITH THE FRONT EMERGENCY LIGHTS OFF) TO CONDUCT FIELD SOBRIETY TASKS. THE ROADWAY CONDITIONS WERE DRY WITH NO OBVIOUS DEFECTS AND THE WIND WAS LIGHT. I OBSERVED MR GROSS TO BE UNSTEADY ON HIS FEET AND HE SWAYED WHILE WALKING AND/OR STANDING. I ASKED MR GROSS IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED 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 MR GROSS. WHILE EXPLAINING THIS TASK, MR GROSS WAS NOT ABLE TO STAND WITH HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT. MR GROSS THEN ASKED ME IF I COULD DO THE TASK. I ADVISED MR GROSS THAT I WOULD DEMONSTRATE THE TASK TO HIM, AT WHICH TIME HE STATED HE WAS NOT GOING TO ATTEMPT THE TASK. MR GROSS THEN STATED HE WAS NOT GOING TO ATTEMPT ANY FURTHER TASKS. AT THAT TIME, MR GROSS WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED INCIDENT TO ARREST AND SECURED IN THE REAR SEAT OF DEPUTY CUTLIPâS PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ROTATION SERVICE, SCALLYâS LUBE AND GO. MR GROSS WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. MR GROSS 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, CITATION NUMBER 7164-XGA2, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6796-WLQ5, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION 6997-WLQ6, FOR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE, RAN A RED LIGHT, WITH A $264.00 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE AND CITATION NUMBER 6798-WLQ7, FOR FAILURE TO WEAR SEAT BELT BY THE DRIVER, WITH A FINE OF $116.00, ALSO PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. A DVD VIDEO OF THIS INCIDENT WAS BURNED AND LATER TURNED IN TO EVIDENCE ALONG WITH A COMPLETED PROPERTY RECEIPT. |
