| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR08106173) 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 110808, I WAS DISPATCHED TO THE AREA OF HIGHWAY 44 AND EASY STREET IN REFERENCE TO A RECKLESS DRIVER. WHILE RESPONDING, DISPATCH ADVISED THAT THE VEHICLE WHICH WAS DESCRIBED AS A SILVER CHEVROLET BEARING FLORIDA TAG 450LQV WAS TRAVELING EAST BOUND ON HIGHWAY 44 TOWARDS INVERNESS. A SHORT TIME LATER, I OBSERVED THE VEHICLE PASS BY ME EAST BOUND IN THE AREA OF MAIN STREET AND MONTGOMERY STREET. I THEN MADE A U-TURN AND BEGAN TO FOLLOW THE VEHICLE, AT WHICH TIME, I OBSERVED THE VEHICLE BOUNCE BETWEEN THE CENTER DIVIDE LINE AND THE FOG LINE NUMEROUS TIMES. THE VEHICLE THEN CHANGED LANES INTO THE TURN LANE AT THE INTERSECTION OF MAIN STREET AND STATE ROAD 44 WITHOUT USING A TURN SIGNAL WHILE AFFECTING SEVERAL OTHER CARS THAT WERE ON THE ROADWAY. I CONTINUED TO FOLLOW THE VEHICLE, AT WHICH TIME, IT CONTINUED TO BOUNCE BETWEEN THE CENTER DIVIDE LINE AND THE FOG LINE AND CROSSED EACH SEVERAL TIMES. AS WE APPROACHED THE INTERSECTION OF STATE ROAD 44 AND WEST LAKE, WHICH IS APPROXIMATELY TWO MILES FROM WHERE I ORIGINALLY BEGAN TO FOLLOW THE DEFENDANT, THE VEHICLE CROSSED THE FOG LINE TO THE EXTENT THAT IT NEARLY STRUCK THE CURB. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT WHO STATED HE HAD APPROXIMATELY THREE BEERS EARLIER WHILE HE HAD BEEN AT A CRAFT SHOW. DURING CONVERSATION WITH THE DEFENDANT, I NOTICED HIS SPEECH TO BE EXTREMELY SLOW, HIS EYES TO BE BLOODSHOT, AND A STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE WAS EMANATING FROM THE VEHICLE. I EXPLAINED TO THE DEFENDANT THAT I HAD CONCERNS FOR HIS ABILITY TO SAFELY OPERATE A MOTOR VEHICLE AND REQUESTED THAT HE SUBMIT TO ROADSIDE SOBRIETY TASKS TO WHICH HE AGREED. 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. I ALSO ASKED THE DEFENDANT IF HE HAD DIABETES OR ANY OTHER ILLNESS TO AFFECT HIS ABILITY TO PERFORM THE TASKS TO WHICH HE AGAIN 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, THE DEFENDANT WAS INSTRUCTED TO LOOK AT THE TIP OF MY PEN AND TO NOT MOVE HIS HEAD DURING THE TASK. AS I MOVED MY PEN, THE DEFENDANT CONTINUED TO LOOK AT ME INSTEAD OF THE TIP OF THE PEN AND WHEN HE DID LOOK AT THE PEN, HE MOVED HIS ENTIRE HEAD INSTEAD OF HIS EYES DESPITE NUMEROUS INSTRUCTIONS TO THE CONTRARY. THEREFORE, THIS TASK WAS NOT SUCCESSFULLY COMPLETED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ON EACH STEP AND TOOK EIGHT STEPS INSTEAD OF THE INSTRUCTED NINE ON THE FRONT APPROACH. THE DEFENDANT THEN TOOK A SERIES OF SMALL STEPS AND RETURNED ONCE AGAIN FAILING TO TOUCH HEEL TO TOE ON EACH ATTEMPT AND ONCE AGAIN TOOK EIGHT STEPS INSTEAD OF THE INSTRUCTED NINE. ON THE RETURN, THE DEFENDANT ALSO FELL OFF THE LINE ONCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS RIGHT LEG APPROXIMATELY ONE INCH OFF THE GROUND AND IMMEDIATELY PLACED IT BACK ON THE GROUND. HE DID THIS THREE TIMES AND WAS UNABLE TO SUCCESSFULLY COMPLETE THE TASK, THEREFORE, FOR SAFETY CONCERNS THE TASK WAS STOPPED. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONAL PHASE OF THIS TASK, IT WAS EMPHASIZED TO THE DEFENDANT THAT ONCE HE TOUCHED THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE HE WOULD BE REQUIRED TO RETURN HIS ARM TO HIS SIDE. THE DEFENDANT WAS TOLD SEVERAL TIMES DURING THE INSTRUCTIONAL PHASE THAT HE WOULD NOT BE REMINDED DURING THE TASK TO DO SO. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF NOSE ON EACH ATTEMPT AND FAILED TO RETURN HIS HAND TO HIS SIDE ON EACH ATTEMPT AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE REGISTERED OWNER WHO REMAINED ON SCENE AWAITING A RIDE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO OFFICER EVERETT WHO READ HIM HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .214 AND .212. 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, NUMBER 4275-XDX, WITH A MANDATORY COURT APPEARANCE OF 120408 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 234099-B FOR CHANGING LANE WITHOUT THE USE OF A TURN SIGNAL WHILE AFFECTING OTHER TRAFFIC. *NOT-EXEMPT* |
