| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11118937) 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 012011 AT 2223 HOURS, DISPATCH GAVE A DESCRIPTION OF A VEHICLE WHICH WAS POSSIBLY TRAVELING SOUTHBOUND ON US 19 IN THE NORTHBOUND TRAFFIC LANE. THIS VEHICLE WAS DESCRIBED AS A RED IN COLOR MAZDA PICK UP TRUCK WITH A FLORIDA TAG BEARING 179UBK. this VEHICLE WAS SEEN HEADING TOWARDS PONCE DE LEON BOULEVARD. DEPUTY MATOS ADVISED THAT HE WAS IN THE AREA BOLO'ING FOR THE VEHICLE, AT which TIME HE OBSERVED THE VEHICLE TRAVELING SOUTHBOUND IN THE NORTHBOUND TRAFFIC LANE OF US HIGHWAY 19 HEADING TOWARDS STATE ROAD 98. AT THAT TIME, THE VEHICLE TRAVELED OVER THE GRASS MEDIAN TOWARDS the SOUTHBOUND TRAFFIC LANE OF US 19 JUST NORTH OF THE INTERSECTION OF 98. DEPUTY MATOS THEN INITIATED A TRAFFIC STOP ON the VEHICLE which MATCHED THE DESCRIPTION THAT DISPATCH HAD GIVEN AND FOR THE TRAFFIC VIOLATION WHICH DEPUTY MATOS OBSERVED, WHICH WAS DRIVING ON the WRONG SIDE OF THE ROADWAY. AT THAT TIME DEPUTY MATOS MADE CONTACT with the DRIVER/DEFENDANT, MR GREGORY RUTHERFORD STEAD, AT WHICH TIME HE PROVIDED DEPUTY MATOS WITH HIS FLORIDA DRIVER'S LICENSE. HE WAS THE ONLY OCCUPANT OF THE VEHICLE AT THE TIME OF THE TRAFFIC STOP. UPON MY ARRIVAL, I WAS ADVISED BY DEPUTY MATOS AS HE APPROACHED THE VEHICLE, THE DRIVER/DEFENDANT ATTEMPTED TO CONCEAL what WAS AN 18 PACK OF BUSH BEER. DEPUTY MATOS COULD SEE AN EMPTY CAN OF BUSH BEER LYING ON THE FLOORBOARD OF THE PICK UP TRUCK. AS I MADE CONTACT WITH the DRIVER/DEFENDANT, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH, AND HE WAS LEANING AGAINST HIS TRUCK. AT THAT TIME, I ASKED HIM WHERE HE WAS COMING FROM, AND HE STATED THAT HE DID NOT KNOW BECAUSE HE WAS NOT FROM this AREA AND THAT HE WAS DRIVING HOME TO TAMPA. WHILE SPEAKING with THE DEFENDANT, HE STATED THAT HE AND his GIRLFRIEND HAD BROKEN UP AND HE HAD APPROXIMATELY THREE TO FOUR BEERS. HE WAS UNABLE TO TELL ME WHEN THE LAST TIME WAS THAT HE HAD SOMETHING TO EAT. I NOTICED THAT THE DEFENDANT'S EYES WERE GLASSY AND BLOOD SHOT, AND his SPEECH WAS SLURRED. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO which HE STATED THAT HE WOULD. 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 DID NOT FOLLOW DIRECTIONS AND KEPT MOVING HIS HEAD FROM LEFT TO RIGHT WHILE FOLLOWING THE STIMULUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING THE TASK TO THE DEFENDANT HE INTERRUPTED ME AND ASKED ME IF HE WAS GOING TO GO TO JAIL FOR DUI. I ADVISED THE DEFENDANT THAT I WAS PERFORMING THESE TASKS BECAUSE IT WAS A PART OF MY DUI INVESTIGATION, TO WHICH HE STATED THAT HE WAS NOT going TO DO MY TASKS. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST FOR THE SUSPECTED 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 STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4375-XDX8 WITH A MANDATORY COURT APPEARANCE OF 021011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6086-GJX5, FOR DRIVING ON THE WRONG SIDE OF THE ROADWAY WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
