| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR08106462) 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; ON 112808 AT APPROXIMATELY 2246 HOURS, I received A CALL FROM DISPATCH IN REFERENCE TO A GREEN SPORTS UTILITY VEHICLE (SUV) TRAVELING NORTHBOUND ON HIGHWAY 41, THAT WAS DRIVING ERRATICALLY SWERVING FROM the NORTHBOUND TO the SOUTHBOUND LANE. THE VEHICLE WAS LAST SEEN PULLING INTO THE ROOFING SUPPLY COMPANY LOCATED AT, 6130 NORTH FLORIDA AVENUE. AT APPROXIMATELY 2259 HOURS, I ARRIVED AT THE ROOFING SUPPLY COMPANY, WHERE I OBSERVED A GREEN SUV BACKED INTO A FENCE AND A WHITE MALE PASSED OUT BEHIND THE STEERING WHEEL. I WALKED OVER TO THE DRIVER'S SIDE DOOR OF THE VEHICLE, KNOCKED ON the WINDOW, AND WAS UNABLE TO GET A RESPONSE. AT THAT TIME I REALIZED THE VEHICLE WAS STILL IN GEAR AND the DEFENDANT'S FOOT WAS ON THE BREAK. I WAS ABLE TO OPEN THE DRIVER SIDE DOOR AND REACH IN TO PUT THE DEFENDANT'S VEHICLE IN PARK. I THEN SHOOK THE DEFENDANT, MR GRAHAM WHITEHOUSE, APPROXIMATELY THREE TIMES AND ASKED HIM TO WAKE UP, AT WHICH TIME HE DID. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT his PERSON, HIS EYES WERE GLASSY, and his SPEECH WAS VERY SLOW. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED HE WAS HAVING SOME PROBLEMS WITH HIS WIFE AT HOME AND WENT OUT FOR A DRIVE. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK this EVENING, AT WHICH TIME HE ADVISED THAT HE HAD APPROXIMATELY THREE TO FOUR BEERS. I ASKED THE DEFENDANT TO EXIT his VEHICLE, AT WHICH TIME HE DID SO AND WAS VERY SLOW AND UNEASY EXITING THE VEHICLE, AND USED HIS DOOR TO KEEP HIS BALANCE. 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 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. THE DEFENDANT WAS ALSO VERY UNSTABLE, HE WAS ROCKING BACK AND FORTH, HE WOULD MOVE his HEAD, AND DID NOT FOLLOW THE PEN AS INSTRUCTED. AT ONE POINT the DEFENDANT DID COOPERATE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THE TASK BUT DID NOT WALK HEEL TO TOE. THE DEFENDANT STRADDLED THE LINE WITH BOTH FEET, WALKED TO the COUNT OF NINE, and THEN TURNED AROUND AND AGAIN WALKED NINE STEPS BACKWARDS USING his ARMS TO KEEP his BALANCE. THE DEFENDANT THEN ADVISED ME THAT HE HAD PROBLEMS WITH A DISC IN HIS BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AT WHICH TIME THE DEFENDANT REFUSED TO CONDUCT the TASK. TASK FOUR, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING this TASK, I ASKED the DEFENDANT IF HE UNDERSTOOD THE ENGLISH LANGUAGE, AT which TIME HE STATED THAT HE UNDERSTOOD AS MUCH AS HE COULD. I ASKED THE DEFENDANT IF HE KNEW the LETTERS OF THE ALPHABET, and HE STATED THAT HE DID SO. DURING THE TASK, THE DEFENDANT WAS VERY UNSTEADY. THE DEFENDANT would NOT KEEP HIS EYES CLOSED OR HIS HEAD TILTED BACKWARD AS INSTRUCTED. THE DEFENDANT RECITED THE ALPHABET STATING, "A, B, C", "R, D, C, D". I ASKED THE DEFENDANT IF HE WANTED TO ATTEMPT THE ALPHABET AGAIN, AT WHICH TIME HE ADVISED THAT HE would. THE DEFENDANT AGAIN STATED "A, B, C", "E, G, F", "R, C". IT WAS THEN DETERMINED that THE DEFENDANT COULD NOT PERFORM this TASK. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED and DEMONSTRATED TO the DEFENDANT. DURING THE TASK, THE DEFENDANT would NOT KEEP EYES CLOSED OR HIS HEAD TILTED BACK AS INSTRUCTED. THE DEFENDANT USED HIS RIGHT ARM, WHEN HE WAS INSTRUCTED TO USE HIS LEFT ARM TO TOUCH HIS NOSE. THE DEFENDANT DID NOT TOUCH THE TIP OF HIS NOSE LIKE INSTRUCTED, BUT TOUCHED THE RIGHT SIDE OF his NOSE, AND AGAIN TOUCHED THE LEFT SIDE OF his NOSE. IT WAS DETERMINED THAT THE DEFENDANT COULD NOT PERFORM this TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED 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 .261 AND .300. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE (DUI) UNIFORM TRAFFIC CITATION, CITATION NUMBER 7244-XAD8 WITH A MANDATORY COURT APPEARANCE ON 121808 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
