| Probable cause affidavit: |
SUBMITTED BY: JOHNSON, DALE 0178 (AR08103648) 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, THIRD OFFENSE WITHIN 10 YEARS OF PRIOR CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B)(1). ON 060908 I WAS DISPATCHED TO A RECKLESS DRIVER HEADING SOUTHBOUND ON CROFT AVENUE. WHILE EN ROUTE I WAS ADVISED THE SUSPECT HAD TURNED ONTO NORTH DAWSON DRIVE. I CONTINUED EN ROUTE. I THEN RECEIVED AN UPDATED ADVISORY THAT THE DRIVER HAD STRUCK A MAILBOX ON EAST JUPITER STREET, STOPPED AT EAST JUPITER STREET AND NORTH SATURN AVENUE WHERE HE EXITED THE VEHICLE. UPON MY ARRIVAL AT EAST JUPITER STREET AND NORTH SATURN AVENUE, A WITNESS ADVISED THAT THE DRIVER/DEFENDANT (MR IVAN GONZALES) WAS SITTING BEHIND A RESIDENCE AT THE INTERSECTION. I THEN LOCATED THE DEFENDANT SITTING BEHIND A BUSH AND REQUESTED HE COME SPEAK WITH ME. THE DEFENDANT STOOD UP AND STAGGERED OVER TOWARDS THE FENCE NEARLY FALLING DOWN. HE THEN WALKED OVER TO HIS VEHICLE WHERE I HAD HIM SIT DOWN INSIDE THE VEHICLE SO HE WOULD NOT FALL AND HURT HIMSELF. THE DEFENDANT WAS OBSERVED TO HAVE BLOOD SHOT, GLASSY EYES. I DETECTED A STRONG ODOR OF AN ALCOHOL BEVERAGE EMITTING FROM HIS PERSON AND HE SPOKE IN A LOW VOLUME WITH SLURRED SPEECH. I THEN CONTACTED THE WITNESS AGAIN AND CONFIRMED THAT THE SUBJECT I WAS SPEAKING WITH WAS THE DRIVER OF THE VEHICLE THAT HAD STRUCK THE MAILBOX. THE WITNESS ADVISED THAT YES, HE WAS THE SAME SUBJECT. I THEN SPOKE WITH THE DEFENDANT AND ASKED HIM IF HE HAD STRUCK A MAILBOX PRIOR TO STOPPING HIS VEHICLE, TO WHICH HE ADVISED HE DID NOT. WHEN I CONFRONTED HIM ABOUT THE DAMAGE ON THE FRONT OF HIS VEHICLE BEING CONSISTENT WITH THE DAMAGE TO THE MAILBOX HE THEN ADVISED THAT HE HAD DROPPED HIS CIGARETTE AND WAS REACHING FOR IT WHEN HE STRUCK THE MAILBOX. AFTER COMPLETING MY CRASH INVESTIGATION, I ADVISED THE DEFENDANT THAT I WAS STARTING A DRIVING UNDER INFLUENCE (DUI) INVESTIGATION. I THEN REQUESTED THE DEFENDANT TO SUBMIT TO A SERIES OF SOBRIETY TASKS, TO WHICH HE AGREED. I ASKED THE DEFENDANT IF HE WOULD BE ABLE TO COMPLETE THE ROADSIDE SOBRIETY TASKS, TO WHICH HE ADVISED HE COULD. 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. DURING THIS TASK I HAD TO HOLD MY HAND OUT AGAINST THE DEFENDANT'S CHEST TO PREVENT HIM FROM FALLING. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. HE ADVISED THAT HE UNDERSTOOD MY INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT WAS STEADYING HIMSELF ON THE FRONT OF CORPORAL CORBIN'S PATROL CAR AND WAS NOT ABLE TO COMPLETE THE TASK AFTER SEVERAL ATTEMPTS. TASK THREE, ONE LEG STAND. I EXPLAINED TO THE DEFENDANT THAT I WAS GOING TO HAVE HIM COMPLETE THE ONE LEG STAND TASK AND PRIOR TO BEING ABLE TO DEMONSTRATE THIS TASK I ASKED THE DEFENDANT IF HE HAD ANYTHING WRONG WITH HIS LEGS, KNEES OR BACK, TO WHICH HE ADVISED HE HAD BAD ANKLES. I THEN ASKED IF HE COULD STAND ON ONE LEG AND HE ADVISED YES. PRIOR TO DEMONSTRATING THIS TASK, CORPORAL CORBIN REQUESTED THAT WE MOVE APPROXIMATELY 10 FEET FURTHER AWAY FROM HIS PATROL VEHICLE AND WHILE DOING SO THE DEFENDANT STARTED STAGGERING AND RUNNING TO CATCH HIS BALANCE AND FELL ON THE SHOULDER OF THE ROAD. AT THAT TIME, I DISCONTINUED THE ROADSIDE SOBRIETY TASKS TO PREVENT THE DEFENDANT FROM FALLING AND HARMING HIMSELF. I THEN ASSISTED THE DEFENDANT TO HIS FEET AND ADVISED HIM HE WAS UNDER ARREST FOR DUI. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT PARKED IN THE YARD AT NORTH SATURN AVENUE AND EAST JUPITER STREET WHERE THE RESIDENT ADVISED HE COULD LEAVE IT THERE. ONCE AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE BREATHALYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .364 AND 0348 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE THIRD OFFENSE WITH BOND SET AT $5,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7875-XAD AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1019-FIR FOR CARELESS DRIVING. *NOT-EXEMPT* |
