| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, ANDRA 0464 (AR09109626) 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 061909, I WAS DISPATCHED TO THE AREA OF HIGHWAY 41 AND OVERDRIVE IN REFERENCE TO A VEHICLE CRASH. PRIOR TO MY ARRIVAL, DEPUTY DEARDEN WAS ALREADY ON SCENE AND THE DEFENDANT WAS EXITING THE VEHICLE. UPON INITIAL CONTACT, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE AND THEN WAS ADVISED BY DEPUTY DEARDEN THAT THE DEFENDANT HAD JUST STATED TO HIM THAT HE HAD JUST LEFT THE "THUNDER INN BAR". THE DEFENDANT ADVISED THAT THE REASON HE CRASHED WAS DUE TO AN UNKNOWN COLOR DOG RUNNING IN THE ROADWAY. THE DEFENDANT WAS ASKED IF HE NEEDED OR WANTED EMERGENCY MEDICAL SERVICES AT WHICH TIME, HE REFUSED. UPON SPEAKING WITH THE DEFENDANT, HE APPEARED TO BE VERY GLASSY EYED, AND HIS SPEECH SLURRED. HE ALSO HAD TO LEAN UP AGAINST THE VEHICLE TO SUPPORT HIMSELF. WHILE THE DEFENDANT WAS STANDING THERE, HE BEGAN TO URINATE ON HIMSELF. AT THAT TIME, I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO DO ANY FIELD SOBRIETY EXERCISES TO WHICH HE STATED "YES". THE DEFENDANT ADVISED THAT HE DID NOT HAVE ANY PHYSICAL OR MENTAL DEFECTS THAT WOULD LIMIT HIM FROM DOING ANY TYPE OF PHYSICAL ACTIVITY. AT THAT TIME, I ASKED DEPUTY DEARDEN IF HE COULD MOVE HIS PATROL VEHICLE TOWARDS THE SHOULDER OF THE ROAD SO THAT WE COULD HAVE A SOLID SURFACE TO CONDUCT FIELD SOBRIETY EXERCISES. 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. 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 KEEP HIS BALANCE AND WOULD BEGIN THE TASK PRIOR TO BEING TOLD TO DO SO. DURING THE FIRST LINE, THE DEFENDANT NEVER WAS ABLE TO WALK HEEL TO TOE AND FELL OFF THE LINE AT STEPS FOUR, SIX, AND NINE. AND UPON HIS RETURN FROM STEP NINE, HE AGAIN COULD NOT STEP HEEL TO TOE AND LOST HIS BALANCE, AT STEPS THREE, SEVEN, EIGHT, AND NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO DO THE EXERCISE HOWEVER, HE WOULD NOT RAISE HIS FOOT OFF THE GROUND NOR WOULD HE EXTEND HIS ARMS. THE DEFENDANT ALSO SWAYED TO KEEP HIS BALANCE, COUNTED TO THREE, AND THEN STATED "YOU CAN'T EXPECT ME TO DO THIS BECAUSE I HAVE BEEN DRINKING." AT THAT TIME, THE DEFENDANT REFUSED TO DO ANY FURTHER FIELD SOBRIETY TASK AND WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND SEATED IN THE REAR OF MY PATROL VEHICLE. WHILE SECURING THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE, I OBSERVED THAT THE DEFENDANT HAD DEFECATED ON HIMSELF. THE DEFENDANT WAS LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PRE PRINTED CARD BY CORRECTIONAL STAFF. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.197 AND 0.184. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ROTATION WRECKER ADVANCED AUTO. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (2ND OFFENSE) WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7656-XAD WITH A MANDATORY COURT APPEARANCE OF 071609 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9243-ESG, FOR CARELESS DRIVING WITH A $151.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
