| Probable cause affidavit: |
SUBMITTED BY: KJEKSTAD, ERIC FHP1810 (AR16-20256) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PERCENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). On 071416 AT 2025 HOURS, I was dispatched to a motor vehicle crash at West Fenway Drive. At 2046 HOURS, I arrived at the scene of the crash. Once on scene, I began my crash investigation. Throughout my investigation I observed MR George Bernard Hart JR, the driver of the White Jeep Grand Cherokee, Bearing Florida Tag CZIP88, may be under the influence of alcohol based on my observations. I observed Mr Hart swaying, slurring his speech, starting the VEHICLE when it was already started and the odor of alcohol coming from his breath. Mr Hart was identified by his Florida Driver License. At 2110 HOURS, I had finished my crash investigation and explained to Mr Hart that I had completed my crash investigation and will be starting my DUI (DRIVING UNDER THE INFLUENCE) investigation. I explained to Mr Hart that based on my training and observation of him I believed he was impaired and asked if he was willing to do a series of field sobriety exercises, which he had consented to. The below evaluation was performed on West Fenway Drive in the westbound lanes where the pavement was level. The evaluation surface was smooth concrete with a clear visibLe line. The evaluation was performed during night hours and was lighted by the Deputy's headlights and my flashlight. No surface defects were noted or claimed. At approximately 2115 HOURS, I had Mr Hart walk over to the Deputy's PATROL VEHICLE to perform a series of field sobriety exercises because based on my observation and training I felt that Mr Hart was under the influence of Alcohol. I read Mr Hart Miranda Warning at 2117 HOURS. After Miranda was given Mr Hart stated that he had a few beers two hours prior to the incident and that he ate pizza at Angelo's. At approximately 2120 HOURS, I explained and performed Horizontal Gaze Nystagmus to Mr Hart. I observed a lack of smooth pursuit, distinct and sustained Nystagmus at maximum deviation, an onset of Nystagmus prior to 45 degrees, in both Mr Hart'S eyes. I had also observed Mr Hart swaying throughout the exercise, he had bloodshot eyes, he did not always follow the red light with his eyes, and he followed with his head several times. Mr Hart was reminded several times to follow only with his eyes and not his heAd. Mr Hart was then explained and demonstrated the walk and turn. Mr Hart was Wearing brown shoes during the EXERCISE. Mr Hart began early in the instruction stage several times, even after being instructed not to begin until I was finished with my instructions. During the walking stage, Mr Hart does not walk heEl to toe, he walks side by side, he takes 20 steps and stated that he took 9 steps. Mr Hart then forgot what part of the exercise came next and was instructed the turn came next. Mr Hart began to walk straight several more steps, then had to be re-explained the turn stage came next followed by nine more heEl to toe steps. Mr Hart lost his balance during the turn stage. Mr Hart then took 15 steps instead of 9 steps and did not walk heEl to toe. Before Mr Hart started the exercise he stated that he understood the instructions and was ready to begin. Mr Hart was then explained and demonstrated the one leg stand. During the exercise Mr Hart put his foot down several times and did not keep his leg straight. Mr Hart stopped early and started the exercise over, where he put his foot down several times and did not keep his leg straight. Mr Hart was the explained THE exercise where he counts to 30 seconds in his head and let Me know when he reaches thirty seconds, while I time him. Mr Hart reached thirty seconds when my watch showed thirty two seconds. Mr Hart was also swaying throughout the exercise. Based on the signs and observations throughout my conversation with Mr Hart, the odor of alcohol coming from his breath, and the signs of impairment that I observed as he performed the standardized field sobriety exercises, I arrested Mr Hart for driving under the influence of alcohol at 2135 HOURS. Mr Hart was transported to the Citrus County DETENTION FACILITY at 2147 HOURS by Citrus County Deputy Ferguson (0505). THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
