| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID 1242/2740 (AR14-10795) 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 061514 at 1718 HOURS, I was dispatched to NORTH Forest Ridge Boulevard just south of WEST Sugar Maple Lane in reference to a traffic crash. Upon arrival at 1732 HOURS, I made contact with Citrus County Sheriff's Deputy Jeff Hunter (0441), who informed me that driver ONE, MR Gary Lawson, was traveling north on NORTH Forest Ridge Boulevard, drove onto the shoulder and overturned. Deputy Hunter further informed me that driver ONE appeared to be intoxicated. I proceeded to contact the witness, MS Nancy Hester, via telephone, at which time she informed me that she had been traveling behind the defendant when suddenly he was no longer in front of her. She then saw dirt flying into the air along the northbound shoulder, then observed driver ONE lying partially under his overturned motorcycle. When asked, Nancy stated Gary Lawson did not have any passengers on the vehicle with him. (It should also be noted that he had a cardboard box fastened with bungee cords to the passenger seat, to be used for carrying of goods). After completing an inspection of the crash scene, I spoke with driver ONE, at which time he stated he lost control of his motorcycle and crashed. During my conversation with Gary, I could detect the odor of an alcoholic beverage coming from his breath. His stance was unsteady and he needed to hold on to a sign post to steady him. At 1744 HOURS, I informed Gary that I had completed a non-criminal traffic crash investigation and was now conducting a criminal driving while impaired investigation. I asked Gary if he was injured other than a minor abrasion to his arm, to which he stated no. He further stated he is not under any medication, does not have any problems with his arms and legs (including artificial knees or hips) and is in overall good physical health. Gary also stated he did not need to wear corrective lenses. I then requested he submit to field sobriety exercises as follows: 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 THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO STAND HEEL TO TOE DURING INSTRUCTIONS, USED ARMS FOR BALANCE AND KEPT STEPPING OFF LINE. UPON PROCEEDING WITH THE EXERCISE, THE DEFENDANT FAILED TO WALK HEEL TO TOE THROUGHOUT THE EXERCISE, USED HIS ARMS FOR BALANCE RAISING THEM OVER SIX INCHES AND STUMBLED WHILE TURNING, FAILING TO WALK HEEL TO TOE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO RAISE EITHER FOOT OF HIS CHOICE OFF OF THE GROUND WITHOUT LOSING BALANCE, USED ARMS FOR BALANCE RAISING THEM OVER SIX INCHES AND WAS UNABLE TO PERFORM WITHOUT THE RISK OF FALLING AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BY DEPUTY HUNTER WITH THE CITRUS COUNTY SHERIFF'S OFFICE AND TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHILE I REMAINED ON SCENE TO AWAIT A WRECKER SERVICE FOR THE MOTORCYCLE PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED FROM THE SCENE BY ADAM'S TOWING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .098 AND .098. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION ALONG WITH A CARELESS DRIVING CITATION. |
