| Probable cause affidavit: |
SUBMITTED BY: PETROVICH, DARREN FHP1562 (AR12-1602) 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); AND THE DEFENDANT 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: A POWER POLE BELONGING TO PROGRESS ENERGY, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1); AND THE DEFENDANT 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: A FENCE AND LANDSCAPING FOR A RESIDENT, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1); AND THE DEFENDANT 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 INJURY OF ANOTHER, TO WIT: MR GEOFFRY LABRADOR, HIS PASSENGER, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 061612 AT APPROXIMATELY 0247 HOURS, I ARRIVED TO A SINGLE VEHICLE CRASH INVOLVING A SILVER IN COLOR FORD MUSTANG BEARING FLORIDA TAG AWIJ67 AGAINST A POWER POLE. THE DRIVER, IDENTIFIED BY HIS FLORIDA DRIVERâS LICENSE AS THE DEFENDANT, MR GLENN TOMKINS, WAS LYING IN THE ROAD, IN THE FETAL POSITION CRYING. EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL HAD SPOKE TO HIM AND HE DECLINED TREATMENT. WHEN I ASKED HIM IF HE WAS OK HE SAID âYES, IâM JUST A FUCK UP.â AT THAT TIME, I NOTICED THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND BLOODSHOT WATERY EYES. PARAMEDICS ON SCENE TREATED AND RELEASED THE DEFENDANT AND HIS PASSENGER. I ASKED THE DEFENDANT WHAT HAD HAPPENED, TO WHICH HE STATED HE WAS DRIVING DOWN THE ROAD, GOING HOME, AND RAN INTO THE POWER POLE. AT 0255 HOURS, I ADVISED HIM THAT I HAD COMPLETED MY TRAFFIC CRASH INVESTIGATION AND WAS BEGINNING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI.) 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 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. DURING THE EXPLANATION PHASE AND EXERCISE THE DEFENDANT WAS SWAYING FORWARD AND BACK SLIGHTLY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE FIRST NINE STEPS OF THIS TASK, THE DEFENDANT SWUNG HIS LEG WIDE ON STEP ONE AND LOST HIS BALANCE; HE STEPPED OFF THE LINE ON STEP TWO AND STEP NINE, AND STUMBLED DURING THE TURN-AROUND. THE RETURN NINE STEPS WERE COMPLETED CORRECTLY BUT THE ENTIRE TASK WAS PERFORMED VERY SLOWLY. DURING THE INSTRUCTION PHASE AND THE EXERCISE THE DEFENDANT WAS SWAYING FORWARD AND BACK AND LEFT TO RIGHT SLIGHTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BENT DOWN TO ONE KNEE TO TIE HIS SHOE, POINTED HIS TOE IN THE UP POSITION AND HAD IT ONE INCH OFF THE GROUND, SWAYED SLIGHTLY AND GOT TO THE COUNT OF EIGHTEEN. THE DEFENDANT WOULD NOT LOOK AT HIS TOE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD AT 0326 HOURS. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT, AT 0410 HOURS, REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. HE WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE LEFT REAR SET OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVEâS AUTOMOTIVE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE NURSE ON DUTY ADVISED ME THAT THE DEFENDANT NEEDED TO HAVE MEDICAL CLEARANCE. AT THAT TIME, I REQUESTED THAT CAPTAIN BOWERMASTER HAVE HER PERSONNEL PERFORM THE BREATHALYZER TEST ON THE DEFENDANT, TO which SHE DECLINED. SHE ADVISED ME IT WAS AGAINST POLICY TO ADMINISTER THE BREATHALYZER TEST IF HE WAS NOT BEING ADMITTED TO THE DETENTION FACILITY. I EXPLAINED TO HER THAT HE WAS GOING TO BE ADMITTED TO THE DETENTION FACILITY because HE WAS UNDER ARREST AND I NEEDED THE BREATHALYZER TEST BEFORE GETTING MEDICAL CLEARANCE JUST IN CASE THE HOSPITAL WAS BACKED UP AND SHE STILL DECLINED. I TOLD CAPTAIN BOWERMASTER THAT I WAS A BREATH TECH CERTIFIED TROOPER AND THAT I WOULD PERFORM THE BREATHALYZER TEST ON THE SUBJECT BEFORE GOING TO THE HOSPITAL AND SHE DECLINED AGAIN, THEREFORE THE SUBJECT WAS TAKEN to the HOSPITAL TO GET MEDICAL CLEARANCE AND NO BREATHALYZER TEST WAS DONE BECAUSE OF THE TIME LAPSE AND THE CLEARANCE AT THE HOSPITAL. THE SUBJECT WAS RETURNED TO THE CITRUS COUNTY DETENTION FACILITY AT 0915 HOURS, WHICH WAS APPROXIMATELY A SEVEN HOUR TIME FRAME FROM THE INCIDENT TO THE TIME HE WAS RETURNED BACK to the DETENTION FACILITY. DOCTORS AT THE HOSPITAL DID NOT DEEM IT NECESSARY TO DO BLOOD WORK ON THE DEFENDANT DUE TO HIS INJURIES. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH TWO COUNTS OF DUI WITH PROPERTY DAMAGE WITH A $500.00 BOND PER CHARGE, PER THE BOND SCHEDULE, AND ONE COUNT OF DUI WITH PERSONAL INJURY WITH A BOND OF $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), CITATION NUMBER 8539WII, WITH A MANDATORY COURT APPEARANCE ON 070512 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UTC 8534WII, FOR DUI PROPERTY DAMAGE, UTC 8535WII, FOR DUI PROPERTY DAMAGE, AND UTC 8536WII FOR DUI WITH PERSONAL INJURY ALL WITH A MANDATORY COURT DATE OF 070512 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED CITATION 8538WII, FOR CARELESS DRIVING, AND CITATION 8537WII, FOR NOT WEARING A SEATBELT. |
