| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR13-4675) 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 022713, AT APPROXIMATELY 1829 HOURS, I RESPONDED TO ASSIST CAPTAIN FERRARA (0286) WITH A TRAFFIC STOP ON US 41,JUST SOUTH OF VAN NESS ROAD. THE WEATHER CONDITIONS WERE CLEAR, WITH LITTLE TO NO WIND. the ROAD CONDITIONS WERE DRY, WITH NO OBVIOUS DEFECTS. UPON ARRIVAL, I MET WITH CAPTAIN FERRARA, WHO ADVISED THAT HE OBSERVED THE DEFENDANTâS VEHICLE AS IT LEFT GRIFFâS BAR. AT THAT TIME, THE VEHICLE TRAVELED NORTHBOUND ON US 41. CAPTAIN FERRARA ADVISED ME THAT HE OBSERVED THE DEFENDANTâS VEHICLE GO OFF THE ROAD SEVERAL TIMES BETWEEN GRIFFâS BAR AND THE NORTH SIDE OF THE BRIDGE ON HIGHWAY 41. CAPTAIN FERRARA ADVISED HE THEN ACTIVATED HIS EMERGENCY WARNING LIGHTS, AND USED SHORT BURSTS ON HIS SIREN IN HIS ASSIGNED PATROL VEHICLE. HE STATED THE DEFENDANTâS VEHICLE STILL CONTINUED NORTH ON US 41. CAPTAIN FERRARA THEN ACTIVATED HIS SIREN FULL TIME, AT WHICH TIME OTHER VEHICLES AHEAD OF THE DEFENDANTâS VEHICLE PULLED OVER, AND THE DEFENDANT DROVE AROUND THOSE VEHICLES AND CONTINUED NORTHBOUND ON US 41. CAPTAIN FERRARA ADVISED ME THAT THE VEHICLE FINALLY PULLED OVER JUST SOUTH OF VAN NESS ROAD. I MADE CONTACT WITH THE DEFENDANT/DRIVER, MR HARRY J EVERSON, AND REQUESTED HIS VEHICLE REGISTRATION AND PROOF OF INSURANCE. AT THAT TIME, I OBSERVED THE DEFENDANTâS EYES TO BE GLASSY AND WATERY, HIS SPEECH TO BE SLURRED AND MUSH MOUTHED, AND TO BE UNSTEADY IN HIS MOVEMENTS. I THEN FOLLOWED THE DEFENDANT TO HIS VEHICLE, WHERE HE PROVIDED ME WITH HIS VEHICLE REGISTRATION AND PROOF OF INSURANCE. AT THAT TIME, I POSITIONED MY PATROL VEHICLE AND ACTIVATED THE IN CAR CAMERA SYSTEM TO CONDUCT FIELD SOBRIETY TASKS. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO HAVE IT EXPLAINED AND DEMONSTRATED TWICE. THE DEFENDANT LOST HIS BALANCE DURING THE INSTRUCTION, USED HIS ARMS TO BALANCE OVER SIX INCHES, DID NOT TOUCH HEEL TO TOE ON STEPS TWO AND THREE, STEPPED OFF OF THE LINE ON STEPS TWO AND SEVEN, AND ONLY TOOK 8 STEPS IN THE FIRST DIRECTION AND STOPPED, WHERE HE HAD TO BE REMINDED TO TURN AND CONTINUE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT SAFELY PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT NEVER TOUCHED HIS FINGER TO HIS NOSE, AND ONLY RAISED HIS ARMS A FEW INCHES FROM HIS SIDE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, AND WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH ANOTHER DEPUTY UNTIL THE DEFENDANTâS GIRLFRIEND, MS RACHEL JORGENSEN, COULD RETRIEVE IT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE UPON ARRIVAL, HE WAS TURNED OVER TO CORRECTIONS OFFICER SIBILIA TO CONDUCT A TEST OF HIS BREATH. OFFICER SIBILIA ADVISED ME THAT THE DEFENDANT REFUSED THE TEST. THE DEFENDANT WAS ISSUED DUI CITATION, 7226XGA, FOR DRIVING WHILE UNDER THE INFLUENCE, WHERE HIS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE, WITH A COURT HEARING TO BE SET BY THE JUDGE. THE DEFENDANT WAS ALSO ISSUED CITATION, 6905WQB, FOR FAILURE TO MAINTAIN SINGLE LANE. |
