| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR12124639) THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION CONTROLLED SUBSTANCES, TO WIT: ALPRAZOLAM AND TRAZADONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND THE DEFENDANT 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 020212 AT APPROXIMATELY 0330 HOURS, I RESPONDED AS BACKUP TO 4890 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA FOR DEPUTY SUDLOW WHO HAD JUST CONDUCTED A TRAFFIC STOP. UPON ARRIVAL, DEPUTY SUDLOW ADVISED HE OBSERVED A SILVER BMW, BEARING FLORIDA TEMPORARY TAG ARR7123, TRAVELING SOUTH ON SOUTH SUNCOAST BOULEVARD. HE OBSERVED THE VEHICLE TRAVELED FROM THE INTERSECTION OF WEST GROVER CLEVELAND BOULEVARD TO WEST YULEE DRIVE WITHOUT THE USE OF THE VEHICLE'S HEADLIGHTS. WHEN DEPUTY SUDLOW ATTEMPTED TO CATCH UP TO THE VEHICLE TO CONDUCT A TRAFFIC STOP, THE VEHICLE SPED UP AND HE DID NOT CATCH THE VEHICLE UNTIL HE WAS NEAR WILDER FUNERAL HOME WHERE THE TRAFFIC STOP WAS CONDUCTED. WHEN DEPUTY SUDLOW MADE CONTACT WITH THE DRIVER/DEFENDANT, IDENTIFIED AS MR GERALD ANTHONY CARR, JUNIOR, HE DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE AND REQUESTED I RESPOND TO HIS LOCATION, REFERENCE FIELD SOBRIETY TASKS. I MADE CONTACT WITH MR CARR IN HIS VEHICLE AND ASKED HIM TO WALK TO THE FRONT OF MY PATROL VEHICLE, TO A SMOOTH, FLAT SURFACE, ON CAMERA. MR CARR WAS UNSTEADY ON HIS FEET AND HIS SPEECH WAS SLURRED AND HIS EYES WERE BLOODSHOT AND GLASSY. AS SOON AS CONTACT WAS MADE WITH MR CARR, HE BEGAN EXPLAINING THAT HE HAD MULTIPLE PHYSICAL AILMENTS, INCLUDING; A BROKEN LEFT FOOT, NINE DIFFERENT SURGERIES ON HIS LEFT KNEE, TWO HERNIATED DISKS IN HIS BACK, A CONCUSSION AND THAT HIS NOSE HAD BEEN BROKEN MULTIPLE TIMES. I ASKED MR CARR IF HE WAS SEEING A DOCTOR AND ON PRESCRIPTION MEDICATIONS, TO WHICH HE ADVISED THAT HE DID TAKE FIVE MILLIGRAMS OF LORTAB EVERY FOUR HOURS AND WAS ALSO PRESCRIBED 500 MILLIGRAM TYLENOL. MR CARR ADVISED THAT HE IS A RETIRED BASEBALL PLAYER AND ALSO USED TO WORK IN LAW ENFORCEMENT. WHEN I ASKED MR CARR WHETHER THE DOCTOR HAD TOLD HIM NOT TO DRIVE WITH HIS MULTIPLE MEDICAL PROBLEMS, HE ADVISED HIS DOCTOR STATED HE WAS NOT ONLY OKAY TO DRIVE BUT RECOMMENDED THAT HE WORK OUT REGULARLY. I ASKED MR CARR TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE DID. AT THAT TIME, I ASKED MR CARR IF HE WORE GLASSES AND HE 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, 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. WHEN HE FIRST ATTEMPTED THE TASK, MR CARR DID NOT FOLLOW THE PEN AT ALL. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR CARR. PRIOR TO PERFORMING THIS TASK, MR CARR STATED HE COULD NOT TOUCH HIS NOSE DUE TO THE MULTIPLE SURGERIES HE HAD HAD AND THAT IT HURT TO TOUCH HIS NOSE. THEREFORE, I ADVISED MR CARR THAT HE COULD TOUCH HIS CHIN INSTEAD. DURING THIS TASK, MR CARR DID NOT MOVE HIS ARMS PROPERLY, DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS CHIN, SLOWED WHEN HIS FINGER GOT CLOSE TO HIS CHIN AND CONTINUALLY OPENED HIS EYES AND LOOKED FORWARD PRIOR TO COMPLETING THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR CARR. PRIOR TO PERFORMING THIS TASK, MR CARR ADVISED THAT HIS LEFT FOOT WAS BROKEN AND THAT HE HAD HAD MULTIPLE SURGERIES ON HIS LEFT KNEE, AT WHICH TIME I ADVISED MR CARR HE COULD LIFT HIS BAD LEG AND STAND ON HIS RIGHT LEG. HE ADVISED THAT BOTH OF HIS LEGS HAD TO WORK TOGETHER. DURING THIS TASK, MR CARR WAS ONLY ABLE TO LIFT HIS FOOT FOR LESS THAN A SECOND WHICH HE DID MULTIPLE TIMES AND ALSO ATTEMPTED WITH BOTH FEET. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR CAR. DURING THIS TASK, MR CARR WAS UNSTEADY AND MISSED HEEL TO TOE ON EVERY STEP. AFTER COMPLETING THE FIRST NINE STEPS, MR CARR ASKED WHAT HE WAS SUPPOSED TO DO NEXT. AT THAT TIME, MR CARR WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS INVENTORIED BY DEPUTY SUDLOW AND DEPUTY B HESSE BEFORE BEING TOWED BY ADAM'S TOWING. DURING THE INVENTORY, DEPUTY B HESSE OBSERVED A PINK PLASTIC CONTAINER IN the CENTER CONSOLE WITH ELEVEN ROUND WHITE PILLS INSIDE. DEPUTY SUDLOW DETERMINED, VIA THE INTERNET, THAT FOUR OF THE PILLS WERE FOUR MILLIGRAM ALPRAZOLAM AND SEVEN OF THE PILLS WERE 100 MILLIGRAM TRAZADONE. WHEN I ASKED MR CARR WHAT THE PILLS WERE, HE ADVISED THEY WERE FROM AN OLD PRESCRIPTION. THE PILLS AND THE CONTAINER WERE LATER PACKAGED AND TURNED IN TO EVIDENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH POSSESSION OF CONTROLLED SUBSTANCES WITH A BOND OF $4,000.00 WITH A MANDATORY COURT APPEARANCE ON 021612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO 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, CITATION NUMBER 8827XBI4, WITH A MANDATORY COURT APPEARANCE ON 021612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY SUDLOW ISSUED THE DEFENDANT UNIFORM TRAFFIC CITATION NUMBER 6660-GQFX, FOR FAILURE TO USE HEADLIGHTS AFTER DARK, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
