| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR-9930) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 041714, AT APPROXIMATELY 0241 HOURS, WHILE ON ROUTINE PATROL, TRAVELING NORTHBOUND ON COUNTY ROAD 491, I OBSERVED THE DEFENDANT VEHICLE, WHICH WAS TRAVELING IN FRONT OF ME, SWERVING FROM THE RIGHT LANE INTO THE LEFT LANE. THIS OCCURRED APPROXIMATELY FOUR TIMES. I CONTINUED TO FOLLOW THE VEHICLE AS IT THEN MADE A WIDE RIGHT HAND TURN ONTO BEVERLY HILLS BOULEVARD. THE VEHICLE PRECEDED EAST ON BEVERLY HILLS BOULEVARD WEAVING WITHIN ITS LANE. AT ONE POINT, THE VEHICLES DRIVER SIDE WENT COMPLETELY INSIDE THE MEDIAN. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN IN AN ATTEMPT TO STOP THE VEHICLE BEFORE HE CAUSED A CRASH. THE VEHICLE CONTINUED EASTBOUND AND AGAIN MAKING A WIDE RIGHT HAND TURN ONTO S HARRISON STREET AND THE VEHICLE CAME TO A STOP IN THE FRONT YARD OF 15 S HARRISON STREET, WHICH WAS LATER DETERMINED TO BE THE DEFENDANTS RESIDENCE. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT IN HIS VEHICLE. HE HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON, HIS EYES WERE BLOODSHOT, AND THE DEFENDANT WAS VERY INCOHERENT. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING TO WHICH HE REPLIED HE HAD TWO BEERS AT LIQUID LAGOON. I THEN ASKED THE DEFENDANT TO EXIT HIS VEHICLE. HE WAS VERY SLOW EXITING HIS VEHICLE, USING HIS DOOR TO KEEP HIMSELF FROM FALLING. I HAD THE DEFENDANT TO WALK TO THE BACK OF HIS VEHICLE. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT APPROXIMATELY FOUR TIMES. I THEN ASKED THE DEFENDANT TO TOUCH HEAL TO TOE AS INSTRUCTED AND HE STEPPED OFF THE LINE APPROXIMATELY FIVE TIMES WHILE LOOSING HIS BALANCE. HE DID NOT COUNT OUT LOUD, USED HIS ARMS TO KEEP HIS BALANCE, AND TOOK SEVEN STEPS INSTEAD OF THE REQUESTED NINE. DURING THE TASK, THE DEFENDANT WAS TOLD APPROXIMATELY FOUR TIMES TO NOT MOVE HEAD, HE WAS SWAYING FRONTWARD AND BACKWARD AND AT ONE POINT HAD TO TAKE A STEP TO KEEP FROM FALLING. ON THE TURN AROUND, THE DEFENDANT ADVISED, HE COULD NOT COMPLETE THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION, THE DEFENDANT WAS SWAYING SIDE TO SIDE, AGAIN STEPPING TO KEEP HIS BALANCE. THE DEFENDANT ATTEMPTED THIS TASK HE HELD HIS FOOT UP FOR THE TASK OF ONE, PUT HIS FOOT DOWN AND ADVISED HE COULD NOT COUNT THAT HIGH. THE DEFENDANT WAS ALSO OFFERED TASK THREE, THE ROMBERGH RECITATION AT THAT TIME THE DEFENDANT REFUSED TO DO 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, A DRIVER'S LICENSE CHECK WAS CONDUCTED ON THE DEFENDANT. CHECK REVEALED THE DRIVER'S LICENSE WAS REVOKED INDEFINITELY AND RECEIVED A PRIOR MOVING VIOLATION FOR DRIVING WHILE LICENSE SUSPENDED, ON 091913, LICENSE SUSPENDED INDEFINITELY FOR SUPPORT DELINQUENCY. ON 102113 SUSPENDED INDEFINITELY FOR FAILING TO PAY TRAFFIC FINE. THE DEFENDANT VEHICLE WAS LEFT ON SCENE DUE TO THE SCENE BEING THE DEFENDANT RESIDENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE 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, CITATION NUMBER 0055XEJ9, WITH A MANDATORY COURT APPEARANCE ON 050814 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A1272BP, FOR DRIVING WHILE LICENSE SUSPENDED/KNOWINGLY WITH A MANDATORY COURT APPEARANCE 050814 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER A1272CP FOR FAILURE TO MAINTAIN SINGLE LANE WITH A FINE OF $166.00 PAYABLE WITHIN 30 DAYS AT CITRUS COUNTY COURT HOUSE AND UNIFORM TRAFFIC CITATION NUMBER A1272DP FOR FAILURE TO USE TURN SIGNAL WITH A FINE OF $116 PAYABLE WITHIN 30 DAYS AT CITRUS COUNTY COURT HOUSE. |
