| Probable cause affidavit: |
SUBMITTED BY: EYES, MICHAEL 8004 (AR07004048) 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 072207, I WAS TRAVELING NORTHBOUND ON THE INSIDE LANE OF US HIGHWAY 19, JUST SOUTH OF TURKEY OAK WHEN I OBSERVED A SINGLE ISOLATED PICKUP TRUCK TRAVELING SOUTHBOUND IN THE OUTSIDE LANE OF US HIGHWAY 19. I ESTIMATED THE SPEED OF THE VEHICLE TO BE APPROXIMATELY 55 MILES PER HOUR (MPH). I ACTIVATED THE FRONT ANTENNA OF MY RADAR UNIT WHICH ALERTED ON THE VEHICLE, GIVING A DIGITAL READING OF 60 MPH IN A POSTED 45 MPH SPEED ZONE. MY RADAR UNIT ALSO EMITTED A HIGH AUDIO DOPPLER TONE. AFTER THE VEHICLE CONTINUED PAST MY PATROL UNIT AT THE SAME HIGH RATE OF SPEED, I CONDUCTED A U-TURN AND INITIATED A TRAFFIC STOP ON THE SHOULDER OF US HIGHWAY 19, just SOUTH OF TURKEY OAK. I APPROACHED THE DEFENDANT'S VEHICLE FROM THE DRIVER SIDE AND PROCEEDED TO SPEAK WITH THE OPERATOR, IDENTIFIED AS MR GARY LEE JARRELL, FLORIDA DRIVER'S LICENSE NUMBER J640-292-60-226-0. DURING OUR CONVERSATION CONCERNING THE BASIS FOR THE TRAFFIC STOP, I SMELLED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE INTERIOR OF THE VEHICLE. I ALSO OBSERVED MR JARRELL'S EYES TO BE BLOODSHOT AND WATERY. I ASKED HIM IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES, TO WHICH HE STATED NO. I HAD HIM EXIT HIS VEHICLE AND WALK BACK WITH ME TO MY PATROL UNIT. WHILE STANDING IN FRONT OF MY PATROL UNIT, I PROCEEDED TO SPEAK TO HIM CONCERNING THE ODOR OF AN ALCOHOLIC BEVERAGE. DURING THAT CONVERSATION I SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH FROM A DISTANCE OF TWO TO THREE FEET. I AGAIN ASKED HIM IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES, TO WHICH HE REPLIED YES. I ASKED APPROXIMATELY HOW MUCH AND WHERE, TO WHICH HE STATED "A FEW BEERS ON THE BOAT." AT THAT TIME, I INFORMED HIM I WAS GOING TO CONDUCT FIELD SOBRIETY TASKS TO DETERMINE IF HE WAS IMPAIRED, TO WHICH HE UNDERSTOOD. 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. HE DID STATED THAT HE HAD BRONCHITIS AND WAS TAKING AN ANTIBIOTIC BUT DID NOT REMEMBER THE NAME OF THE MEDICATION. 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 AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT COULD NOT FOLLOW THE OBJECT WITH HIS EYES. HE COULD NOT KEEP HIS HANDS AT HIS SIDES, WANTING TO PUT THEM IN HIS POCKETS. I HAD TO TELL THE DEFENDANT NUMEROUS TIMES TO KEEP HIS HAND AT HIS SIDES. ALSO, HIS PUPILS WERE DILATED. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING ON ONE LEG, RAISED ARMS MORE THAN SIX INCHES FOR BALANCE WHILE STANDING ON ONE LEG MORE THAN ONE TIME DURING THIRTY SECONDS. AFTER THE THIRD ATTEMPT, THE DEFENDANT STATED "I'M NAILED." TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST BALANCE DURING INSTRUCTIONS, TWICE, STARTED TWICE BEFORE THE INSTRUCTIONS WERE FINISHED, DID NOT TOUCH HEEL TO TWO ON MULTIPLE STEPS, RAISED ARMS MORE THAN SIX INCHES FOR BALANCE THROUGHOUT THE TASK, CONDUCTED AN INCORRECT TURN BY SPINNING AROUND AND LOOSING BALANCE, AND TOOK AN INCORRECT NUMBER OF STEPS IN BOTH directionS. DUE TO MULTIPLE SIGNS OF IMPAIRMENT AND FAILING ALL SOBRIETY TASKS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS SECURED IN THE LEFT REAR OF MY PATROL UNIT. THE TIME OF ARREST WAS 0038 HOURS ON 072207. THE DEFENDANT REQUESTED THAT HIS PASSENGER, IDENTIFIED AS MR MARK CHARLES DEBOLT, TAKE HIS VEHICLE. I HAD THE PASSENGER PERFORM FIELD SOBRIETY TASKS TO DETERMINE IF HE WAS ABLE TO TAKE THE VEHICLE. THE PASSENGER WAS ABLE TO PERFORM THE SOBRIETY TASKS AND THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIM, PER THE DEFENDANT'S REQUEST. A SEARCH OF THE VEHICLE INCIDENT TO ARREST REVEALED AN OPEN TWELVE OUNCE MICHELOB ULTRA BOTTLE LOCATED DIRECTLY BEHIND THE DRIVER SEAT, EMPTY BUT STILL COOL TO THE TOUCH. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO ANY TESTING. 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 8235-XAU, WITH A MANDATORY COURT APPEARANCE TO BE SET. *NOT-EXEMPT* |
