| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR10113259) 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 021110, WHILE I WAS ON ROUTINE PATROL IN THE AREA OF CITRUS AVENUE, I NOTICED MOVEMENT BEHIND THE ARMY NAVY STORE LOCATED ON CITRUS AVENUE. I STOPPED MY VEHICLE, PUT IT IN REVERSE AND OBSERVED A WHITE MALE GET INTO A BLUE FORD PICKUP TRUCK. THE TRUCK THEN DROVE TOWARDS ME ON CITRUS AVENUE, WHERE I BLOCKED ITS EXIT ROUTE, AND NOTIFIED DISPATCH I WOULD BE OUT WITH A SUSPICIOUS PERSON AND VEHICLE. I APPROACHED THE PASSENGER SIDE OF THE VEHICLE SINCE I COULD NOT SEE THE DRIVER'S RIGHT HAND, AND ASKED FOR ADDITIONAL UNITS TO BE EN ROUTE SINCE I DID NOT KNOW WHAT THE DRIVER WAS DOING BEHIND THE CLOSED BUSINESSES ON CITRUS AVENUE. I THEN ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. HE HANDED ME A FLORIDA DRIVER'S LICENSE AND ADVISED ME THAT HE COULD NOT FIND HIS REGISTRATION. ADDITIONAL UNITS THEN ARRIVED ON SCENE, AND I CHECKED ALL THE CLOSED BUSINESSES TO SEE IF ANYTHING APPEARED TAMPERED WITH. I THEN WENT BACK TO THE DRIVER IN THE VEHICLE AND ASKED HIM WHAT HE WAS DOING BEHIND THE BUSINESSES, TO WHICH HE STATED THAT HE WAS LOOKING FOR A FRIEND WHO OWNED GATOR SPORTS. I COULD DETECT A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING OFF HIS PERSON, AND OBTAINED ALL THE DRIVERS INFORMATION. I THEN ACTIVATED MY IN CAR VIDEO AND ASKED THE DRIVER TO EXIT HIS VEHICLE TO PERFORM 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 HAS GOUT, AND SOMETIMES HAS BLURRED VISION DUE TO DIABETES. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. HE ALSO MOVED HIS HEAD AND WHEN I ADVISED HIM TO RELEASE THE TIP OF MY PEN WITH HIS INDEX FINGER, HE DID NOT, KEPT HIS INDEX FINGER UP AND WANTED TO TOUCH MY PEN. EVEN UPON MY TAKING MY PEN AWAY, HE STILL KEPT HIS FINGER IN THE AIR AS THOUGH HE WERE STILL TRYING TO TOUCH MY PEN. TASK TWO, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, SWAYED MORE THAN SIX INCHES AND STARTED BEFORE I FINISHED EXPLAINING THE EXERCISE. I AGAIN EXPLAINED THE EXERCISE TO HIM A SECOND TIME, TO WHICH HE DID NOT RECITE THE ALPHABET CORRECTLY. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, AFTER BEING EXPLAINED THE TASK, TOOK IT UPON HIMSELF TO DO HIS RIGHT AND LEFT ARM AND DID NOT FOLLOW INSTRUCTIONS. I THEN EXPLAINED THE EXERCISE AGAIN, AND HE MISSED THE TIP OF HIS NOSE SEVERAL TIMES. WHEN I TOLD HIM TO DO HIS LEFT ARM, HE BEGAN TO DO HIS RIGHT ARM AND THEN CORRECTED HIMSELF. HE ALSO DID NOT KEEP HIS EYES CLOSED TASK FOUR, ONE LEG STANCE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HE HAD PROBLEMS WITH HIS FEET. I EXPLAINED THE EXERCISE, AND HE THEN PICKED UP HIS LEG INCORRECTLY, HOPPED, IMMEDIATELY PUT HIS LEG DOWN, COUNTED WRONG AND STOPPED AT SEVEN. TASK FIVE, HEEL TO TOE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, DID NOT KEEP HIS BALANCE, STEPPED TO THE SIDE, DID ONLY FIVE STEPS FORWARD, LOST HIS BALANCE TURNING, DID NOT WALK HEEL TO TOE, WALKED FIVE STEPS BACK AGAIN, AND LOST HIS BALANCE, NOT WALKING HEEL TO TOE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 WOULD NOT ANSWER ME WHEN I ASKED HIM IF HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .162 AND .165. A DRIVER'S LICENSE CHECK REVEALED THAT THE DEFENDANT WAS ARRESTED IN 2004 FOR A DUI. 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, CITATION NUMBER, 3154 XDQ 5, WITH A MANDATORY COURT APPEARANCE ON 022510 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. A COPY OF THE IN CAR VIDEO WAS SUBMITTED TO RECORDS. *NOT-EXEMPT* |
