| Date of birth: | Dec 14, 1950 |
| Probable cause affidavit: | SUBMITTED BY: CORPORAL JACOB GONZALEZ D008 (AR09108268) ON 032009 AT APPROXIMATELY 2345 HOURS, AT THE LOCATION OF THE 12100 BLOCK OF HIGHWAY 41 (SOUTH) which IS LOCATED WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF DUNNELLON, WITHIN MARION COUNTY AND THE STATE OF FLORIDA, THE ABOVE NAMED DEFENDANT DID COMMIT the VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES. MR GARY REED DID THEN AND THERE UNLAWFULLY DRIVE A MOTOR VEHICLE, TO WIT: A 1996 DODGE TRUCK, RED IN COLOR, BEARING FLORIDA TAG W252VH, WHILE HE WAS UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED. I WAS CONDUCTING TRAFFIC ENFORCEMENT ON HIGHWAY 41 SOUTHBOUND WHEN I OBSERVED THE AFOREMENTIONED VEHICLE STRADDLING THE OUTSIDE AND INSIDE LANES OF HIGHWAY 41 AT THE 12100 BLOCK OF HIGHWAY 412 SOUTH. DUE TO HEAVY RADIO TRAFFIC AND THE VEHICLE GOING OVER THE BRIDGE IN CITRUS COUNTY, I INITIATED A TRAFFIC STOP ON HIGHWAY 41 AT THE MOOSE LODGE AT 11890 NORTH FLORIDA AVENUE. I APPROACHED THE VEHICLE AND ASKED THE DRIVER FOR HIS PERSONAL AND VEHICLE DOCUMENTS. THE DRIVER HAD BLOODSHOT/WATERY EYES AND SLURRED speech. I DETECTED THE ODOR OF ALCOHOLIC BEVERAGES EMANATING FROM THE DRIVER'S MOUTH/BODY AND ASKED HIM IF HE HAD CONSUMED ANY ALCOHOL. THE DRIVER STATED HE HAD THREE BEERS. I RAN THE DRIVER'S INFORMATION THROUGH MARION COUNTY TELETYPE AND I WAS ADVISED HE HAD A VALID FLORIDA DRIVER'S LICENSE AND THAT HE DID NOT HAVE A WARRANT. I AGAIN APPROACHED THE VEHICLE AND ASKED THE DRIVER TO EXIT. THE DRIVER AGREED TO PARTICIPATE IN THE STANDARDIZED FIELD SOBRIETY TASKS AND THOSE RESULTS ARE AS FOLLOWS: DURING THE HORIZONTAL GAZE NYSTAGMUS TASK THE DRIVER HAD A LACK OF SMOOTH PURSUIT IN BOTH LEFT AND RIGHT EYES. BOTH LEFT AND RIGHT EYES WERE ONSET PRIOR TO 45 DEGREES and THERE WAS NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH EYES. THE DRIVER WAS WEARING EYE GLASSES BUT STATED HE DID NOT HAVE A NATURAL NYSTAGMUS. DURING THE WALK AND TURN TASK THE DRIVER HAD PROBLEMS STANDING STILL AND WAS SWAYING WHILE I WAS PROVIDING INSTRUCTIONS. DRIVER PERFORMED THE INCORRECT NUMBER OF STEPS (THREE) AFTER I INSTRUCTED HIM TO DO NINE. THE DRIVER ALSO DID NOT TOUCH HEEL TO TOE ON THE THREE STEPS. THE DRIVER TURNED AROUND AND TOOK THREE STEPS BACK (ALSO NOT TOUCHING HEEL TO TOE). DURING THE ONE LEG STAND TASK THE DRIVER COULD NOT COMPREHEND THE INSTRUCTIONS AND COULD NOT PERFORM THE TASK. DURING THE FINGER TO NOSE TASK THE DRIVER COULD NOT COMPREHEND THE INSTRUCTIONS AND COULD NOT PERFORM THE TASK. DURING THE BALANCE ALPHABET TASK, THE DRIVER STARTED BEFORE INSTRUCTED, WAS SWAYING AND STOPPED AT "H". I PLACED THE DRIVER UNDER ARREST AND IN HANDCUFFS (DOUBLE LOCKED). I PUT THE DRIVER IN THE BACK OF MY PATROL VEHICLE (119). AND LATER TRANSPORTED HIM to the CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, CORRECTION'S OFFICER SWETOKES READ THE DRIVER/DEFENDANT HIS IMPLIED CONSENT AND THE DEFENDANT STILL REFUSED TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH ON THE INTOXILYZER 8000. POST MIRANDA, I ASKED THE DEFENDANT WHY HE REFUSED TO THE TEST, AND HE STATED, "BECAUSE THE DRUGS I TAKE, I WAS AFRAID IT WOULD AFFECT THE OUTCOME." *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Mar 21, 2009 |
| Booking number: | 09108268 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
| Code: | 316.1939(1)(E) |
| Charge description: | REFUSE TO SUBMIT APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL |
| Bond amount: | $250 |
