| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID (AR08105205) (FHP CASE #: FHPC08OFF090104) 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 (AND) DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN THE DEFENDANT MR GERALD CHAPMAN'S BLOOD OR BREATH ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE, CAUSED INJURY TO ANOTHER PERSON, TO WIT: THE VICTIMS, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)C(1) (AND) DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN THE DEFENDANT, MR GERALD CHAPMAN'S BLOOD OR BREATH ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THEIR VEHICLE, A 2003 MITSUBISHI FOUR DOOR, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)C(1) INVESTIGATION REVEALED THAT ON THIS DATE AT 2025 HOURS, THE DEFENDANT WAS INVOLVED IN A TRAFFIC CRASH AT THE INTERSECTION OF U S HIGHWAY 19 AND STATE ROAD 44. UPON ARRIVAL AT THE CRASH SCENE I MADE CONTACT WITH THE DEFENDANT AND OCCUPANTS OF THE OTHER VEHICLE. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I NOTICED HIS EYES WERE GLASSY AND HIS SPEECH WAS SLIGHTLY SLURRED. THE DEFENDANT ALSO WAS SLIGHTLY UNSTEADY ON HIS FEET. UPON COMPLETION THE TRAFFIC CRASH INVESTIGATION I AGAIN APPROACHED THE DEFENDANT AND INFORMED HIM I HAD COMPLETED THE TRAFFIC CRASH INVESTIGATION AND WAS NOW GOING TO CONDUCT A CRIMINAL DUI INVESTIGATION. I REQUESTED HE PERFORM FIELD SOBRIETY TASKS AND HE STATED THAT HE DID NOT FEEL HE COULD DO SO BECAUSE HIS LEGS AND HIPS FELT STIFF DUE TO THE CRASH. I THEN ASKED THE DEFENDANT IF HE WAS ABLE TO SEE CLEARLY, AND HE STATED, YES. THE DEFENDANT ALSO STATED HE DID NOT WEAR ANY TYPE OF CORRECTIVE LENSES. AT THAT TIME I REQUESTED THE DEFENDANT PERFORM TASK ONE, THE 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. WHILE PERFORMING THE HORIZONTAL GAZE NYSTAGMUS TASK, I DETECTED THE ODOR OF FECES WHICH APPEARED TO BE COMING FROM THE DEFENDANT. I THEN ASKED THE DEFENDANT IF HE DEFECATED IN HIS PANTS, AND HE STATED, YES. I THEN PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS TRANSPORTED TO THE DETENTION FACILITY WHERE THE INTOXILYZER TEST WAS OFFERED TO THE DEFENDANT AND HE REFUSED TO SUBMIT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S CAR CARE. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGES WITH BOND OF $500.00, AND TWO COUNTS OF DRIVING UNDER THE INFLUENCE WITH INJURY TO ANOTHER WITH BOND OF $1,000.00. THE DEFENDANT WAS ISSUED CITATIONS FOR DUI, DUI WITH PROPERTY DAMAGES, DUI WITH PERSONAL INJURY COURT DATE OF 100208 AT 1300 HOURS. DEFENDANT WAS ISSUED A CITATION FOR MAKING A LEFT TURN ON RED TRAFFIC SIGNAL, WITH FINE OF $141.00. *NOT-EXEMPT* |
