| Probable cause affidavit: |
SUBMITTED BY: CAnfield, laird 0544 (AR10113307) 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 021310 AT 2344 HOURS, I RESPONDED TO ASSIST DEPUTY RODRIGUEZ WITH A POSSIBLE INTOXICATED DRIVER AT THE WITHLACOOCHEE TECHNICAL INSTITUTE (wtI) IN INVERNESS. THE WEATHER CONDITIONS WERE CLEAR AND COLD WITH A LIGHT WIND. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, mr GLENN G GIBSON, WHO WAS SEATED IN THE DRIVER'S SEAT OF HIS VEHICLE HOLDING THE VEHICLE REGISTRATION AND PROOF OF INSURANCE IN HIS LEFT HAND. I DETECtED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT THE DEFENDANT AND OBSERVED HIS EYES TO BE WATERY AND GLASSY AND HIS SPEECH THICK TONGUED. I ASKED THE DEFENDANT WHAT PAPERWORK hE HAD IN HIS LEFT HAND. HE LOOKED AT IT and APPEARed TO BE CONFUSED. AFTER A SHORT TIME, THE DEFENDANT STATED IT WAS THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. I ASKED THE DEFENDANT TO STEP FROM THE VEHICLE, AT which 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 HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPS TO STEADY HIMSELF ON STEPS 3 AND 9; DID NOT TOUCH HEEL TO TOE ON STEP 9 AND ON STEPS 1,3,5,6,7,8 ON THE RETURN; STEPS OFF LINE ON STEP 3 AND STEP 9. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN FOUR TIMES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USING HIS LEFT HAND HESITATED, FAILED TO RETURN HAND TO SIDE; WITH HIS RIGHT HAND TOUCHED THE TIP OF HIS NOSE; WITH HIS LEFT HAND HE FAILED TO RETURN HIS HAND TO HIS SIDE; WITH HIS RIGHT HAND FAILED TO RETURN HIS HAND TO HIS SIDE; WITH HIS RIGHT HAND, FAILED TO RETURN HIS HAND TO HIS SIDE; WHEN USING HIS LEFT HAND HE FAILED TO KEEP HIS EYES CLOSED. TASK FIVE, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP EYES CLOSED; AT W, THE DEFENDANT WENT BACK TO OTHER LETTERS AND BEGAN CALLING LETTERS OUT OF ORDER. AT THIS TIME THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED INCIDENT TO ARREST, PLACED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED IN A PARKING SPACE AT WTI. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO CORRECTIONAL OFFICER FARIS FOR A TEST OF HIS BREATH. OFFICER FARIS ADVISED ME THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT WAS CHARGED WITH DUI WITH A BOND OF $500.00, PER THE BOND SCHEDULE THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM DUI TRAFFIC CITATION, CITATION NUMBER 2226-XBG3. A DVD OF THIS EVENT WAS BURNED AND LATER TURNED INTO EVIDENCE ALONG WITH A PROPERTY RECEIPT. *NOT-EXEMPT* |
