| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR15-16061) (15-107391) 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. ON 081515 AT APPROXIMATELY 2326 HOURS, SERGEANT DAWN ALEXANDER WAS TRAVELING EASTBOUND ON HIGHWAY 44 IN THE AREA OF MILE HILL WHEN SHE OBSERVED A GMC PICKUP TRUCK CROSS OVER THE CENTER LINE TWICE. SHE CONTINUED TO FOLLOW SAID VEHICLE, BEARING FLORIDA TAG 030MWE, EASTBOUND ON HIGHWAY 44. AS THE VEHICLE APPROACHED THE TRAFFIC LIGHT AT THE ENTRANCE TO WAL-MART IN INVERNESS, THE TRAFFIC LIGHT TURNED RED. THE PICKUP TRUCK THEN GOT IN THE LEFT TURNING LANE TO TURN INTO WAL-MART. AT THAT TIME, THE EASTBOUND AND WESTBOUND LIGHTS TURNED GREEN; HOWEVER, THE TURNING LANE WHICH THE PICKUP TRUCK WAS IN REMAINED RED. THE PICKUP TRUCK THEN TURNED LEFT INTO WAL-MART RUNNING THE RED LIGHT AND PULLED INTO THE PATH OF ANOTHER TRUCK THAT WAS TRAVELING WESTBOUND ON HIGHWAY 44. THE PICKUP TRUCK THAT IT TURNED IN FRONT OF SLAMMED ON ITS BRAKES, AT WHICH POINT SERGEANT ALEXANDER ACTIVATED HER EMERGENCY LIGHTS AND PERFORMED A TRAFFIC STOP ON THE TRUCK, WHICH PULLED INTO THE MURPHY GAS STATION NEAR WAL-MART. UPON SERGEANT ALEXANDER APPROACHING THE DRIVER OF THE PICKUP TRUCK, SHE ASKED FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE AND ADVISED THAT SHE COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DRIVER'S PERSON. SHE THEN ADVISED THAT SHE ASKED THE DRIVER, IDENTIFIED AS THE DEFENDANT, MR GARY TIERNEY, FOR HIS DRIVER'S LICENSE AND ASKED HIM WHY HE WENT THROUGH THE RED LIGHT. HE TOLD HER HE WAS NOT PAYING ATTENTION. WHEN ASKED BY SERGEANT ALEXANDER IF HE HAD BEEN DRINKING, HE ADVISED HER HE HAD HAD A FEW. SHE THEN RETURNED TO HER PATROL VEHICLE AND CONTACTED THIS DEPUTY AND I RESPONDED TO HER LOCATION. UPON ARRIVAL, I MADE CONTACT WITH SERGEANT ALEXANDER, WHO EXPLAINED THE CIRCUMSTANCES BEHIND THE TRAFFIC STOP, AS WELL AS OBSERVATIONS OF THE DRIVER. I THEN MADE CONTACT WITH THE DEFENDANT, MR GARY TIERNEY, WHO HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH AND GLASSY, SLIGHTLY BLOODSHOT EYES. I ASKED HIM IF HE HAD ANYTHING TO DRINK, TO WHICH HE ADVISED HE HAD FOUR OR FIVE. I THEN ASKED HIM TO EXIT HIS VEHICLE AND TO WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE AND IMPROPERLY TURNED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED COUNTING CORRECTLY AND THEN STOPPED AND BEGAN TO COUNT INCORRECTLY NOT USING ONE THOUSAND AS INSTRUCTED. HE ALSO REPEATED THE NUMBER SEVEN TWICE AND COUNTED OUT OF ORDER AND PUT HIS FOOT DOWN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ABLE TO COMPLETE THIS TASK WITH NO OBVIOUS ISSUES, EXCEPT SWAYED BACK AND FORTH SLIGHTLY. I ASKED THE DEFENDANT WHAT WAS THE LAST GRADE HE COMPLETED IN SCHOOL AND HE ADVISED HE FINISHED THE TWELFTH GRADE AND KNOWS THE ALPHABET. TASK FIVE, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WENT FROM "A" TO "R" AND THEN STATED "H" AND COULD NOT FINISH THE ALPHABET. HE ATTEMPTED THIS A SECOND TIME WITH THE SAME RESULTS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) AND SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT WAS ALSO READ HIS 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. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED BY A SUBJECT THAT WAS CONTACTED BY THE DEFENDANT'S WIFE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .130 AND .133. 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, NUMBER 8852XBI, WITH AN OUT OF CUSTODY COURT DATE OF 090315 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING, NUMBER 99042478, FOR RUNNING A RED LIGHT. |
