| Probable cause affidavit: |
SUBMITTED BY: BLOTZ, GEOFFREY 0752 (AR16-21175) 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)(A). ON 100216, I WAS REQUESTED TO RESPOND TO NE 5TH STREET IN REFERENCE TO ASSISTING DEPUTY PHILLIPS (0223). UPON ARRIVAL AT APPROXIMATELY 0212 HOURS, DEPUTY PHILLIPS ADVISED THAT UPON COMING TO THE INTERSECTION, HE WAS TRAVELING WESTBOUND ON NE 5TH STREET, AND WHILE COMING TO A COMPLETE STOP, HE OBSERVED A BLACK IN COLOR MOTORCYCLE SITTING IN THE EASTBOUND LANE HEADING IN A WESTBOUND DIRECTION. AT THAT TIME, DEPUTY PHILLIPS CONDUCTED A TRAFFIC STOP AND AFTER MAKING CONTACT WITH THE OPERATOR, LATER IDENTIFIED AS THE DEFENDANT, MR HECTOR MANUEL PABON MOSCATER, HE SUSPECTED THE DRIVER TO BE UNDER THE INFLUENCE OF ALCOHOL AND AND ASKED THAT I CONDUCT THE STANDARDIZED FIELD SOBRIETY TASKS. I MADE CONTACT WITH THE DEFENDANT, WHO STATED HE HAD JUST SEEN HIS CHILDREN AND WAS TRAVELING HOME. AS I WAS TALKING TO THE DEFENDANT, I DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH FROM APPROXIMATELY TWO FEET. THE DEFENDANT HAD RED, BLOODSHOT EYES. HE WAS SWAYING NOTICEABLY, AND HIS FACE WAS FLUSHED. HE ALSO HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH WHEN HE SPOKE. DEPUTY PHILLIPS AND I BLOCKED OFF A SECTION OF NE 5TH STREET, WHICH WAS A RELATIVELY SMOOTH AND FLAT SECTION OF THE ROADWAY THAT WAS LIT BY THE HEADLIGHTS OF MY PATROL VEHICLE. I ASKED THE DEFENDANT IF HE HAD AN MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE FIELD SOBRIETY TASKS, 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. THE DEFENDANT ALSO SWAYED APPROXIMATELY THREE INCHES IN EACH DIRECTION WHILE FOLLOWING THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND HE STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE. THE DEFENDANT ALSO DID NOT COUNT HIS STEPS AS INSTRUCTED. THE DEFENDANT TOOK APPROXIMATELY 13 STEPS WHERE HE STAGGERED OFF THE LINE APPROXIMATELY 8 OUT OF THE 13 TOTAL STEPS. AFTER THE DEFENDANT COMPLETED HIS 13 STEPS, HE THEN WALKED BACK TO THE STARTING POINT AND ATTEMPTED TO BEGIN THE TEST AGAIN INSTEAD OF RETURNING TO 9 AS HE WAS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT PLACED HIS HEEL APPROXIMATELY TWO INCHES OFF OF THE GROUND WITH NO COUNTING. THE DEFENDANT THEN ASKED ME THE INSTRUCTIONS AGAIN, WHICH I EXPLAINED TO HIM. HE GOT TO APPROXIMATELY FOUR SECONDS AND LOST HIS BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT HAD TO BE RE-EXPLAINED THE TASK AFTER THE FIRST VERBAL COMMAND OF HIS RIGHT HAND. AFTER EXPLAINING, THE DEFENDANT THEN PLACED HIS RIGHT FINGER ON HIS NOSE FOR APPROXIMATELY 25 SECONDS BEFORE RETURNING TO THE STARTING POSITION AS INSTRUCTED. THE DEFENDANT THEN PLACED HIS LEFT FINGER ON HIS NOSE FOR APPROXIMATELY 2S SECONDS AND AGAIN LEFT HIS RIGHT FINGER ON HIS NOSE FOR APPROXIMATELY 30 SECONDS. UPON THE NEXT VERBAL COMMAND FOR HIS LEFT HAND, HE ASKED IF I COULD EXPLAIN THE TASK AGAIN. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST AND HANDCUFFED HIM BEHIND HIS BACK, DOUBLE-LOCKED. I THEN READ HIM MIRANDA AND IMPLIED CONSENT FROM AN AGENCY PREPRINTED CARD. HE STATED HE WOULD TAKE A BREATH TEST AND WOULD ALSO SPEAK WITH ME. THE DEFENDANT STATED HE WAS HEADED HOME. WHEN I QUESTIONED HIM WHY HE WAS HEADING WESTBOUND INSTEAD OF EASTBOUND TO HIS RESIDENCE LOCATED AT 304 SOUTH MONROE STREET, THE DEFENDANT WAS UNAWARE. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0487XEJ7, WITH A MANDATORY COURT APPEARANCE OF THURSDAY, OCTOBER 20, 2016, AT 1:00 P.M. AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING. |
