| Probable cause affidavit: |
SUBMITTED BY: JOHNSON, DALE 0178 (AR12124582) THE DEFENDANT 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, FOURTH OR SUBSEQUENT CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B)(3) AND THE DEFENDANT DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED FOR THE THIRD OR MORE CONVICTIONS , IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C) AND THE DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF HIS BLOOD, BREATH, OR URINE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E) ON 012912, I RESPONDED TO 555 NORTHEAST HIGHWAY 19 IN CRYSTAL RIVER, THE TACO BELL RESTAURANT, IN REFERENCE TO A REPORT OF A POSSIBLE DRUNK DRIVER. UPON ARRIVAL, I OBSERVED THAT THE RESTAURANT WAS CLOSED. I SPOKE BRIEFLY WITH AN UNKNOWN CLERK WHO ADVISED THAT THE SUSPECT VEHICLE WAS A TAN IN COLOR SPORT UTILITY VEHICLE (SUV) WITH A HEAVILY DAMAGED FRONT END AND THAT A WHITE MALE WEARING A BALL CAP WAS DRIVING. SHE ALSO PROVIDED ME WITH A PARTIAL TAG OF Y3Y AND ADVISED IT WAS A HANDICAP TAG. I LEFT THE RESTAURANT AND ATTEMPTED TO LOCATE THE VEHICLE. AS I WAS PULLING OUT OF THE DRIVEWAY ON TO NORTHEAST HIGHWAY 19, I OBSERVED A TAN JEEP SUV TRAVELING SOUTHBOUND WITH DAMAGE TO THE FRONT END. AS THE VEHICLE PASSED ME, I OBSERVED THAT THE DRIVER WAS A WHITE MALE WEARING A BALL CAP. I THEN POSITIONED MY PATROL VEHICLE BEHIND THE JEEP AS IT WAS DRIVING SOUTHBOUND AND OBSERVED THE TAG TO BE Y3YVZ, WHICH IS A HANDICAP TAG. AT THAT TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS TO PULL THE VEHICLE OVER TO CHECK THE WELL-BEING OF THE DRIVER. THE DRIVER PULLED THE VEHICLE IN TO THE WALGREEN'S PARKING LOT LOCATED AT 310 NORTHEAST HIGHWAY 19 IN CRYSTAL RIVER. THE DRIVER PARKED THE VEHICLE ON THE LINES BETWEEN TWO PARKING SPACES. PRIOR TO MY COMING TO A COMPLETE STOP, HE EXITED THE VEHICLE AND BEGAN WALKING TOWARD ME. I THEN EXITED MY PATROL VEHICLE AND MADE CONTACT WITH THE DEFENDANT, LATER IDENTIFIED AS MR JACK ALAN DANIEL. THE DEFENDANT WAS STAGGERING AS HE WALKED. WHILE I WAS SPEAKING WITH HIM, I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS PERSON. HIS EYES WERE BLOODSHOT AND WATERY AND HIS SPEECH WAS EXTREMELY SLURRED. AT THAT TIME, I ASKED HIM WHAt was going on AND HE STATED NOTHING. I THEN ASKED IF HE HAD BEEN DRINKING AND HE DID NOT ANSWER ME. I AGAIN ASKED IF HE HAD BEEN DRINKING. HE THEN STATED "LET'S GO." I ASKED HIM WHAT HE MEant BY LET'S GO AND HE AGAIN STATED "LET'S GO." I REQUESTED HIS DRIVER'S LICENSE AND HE ADVISED HE DID NOT HAVE IT. I ASKED IF HE DID NOT HAVE IT WITH HIM OR IF HE DID NOT HAVE A LICENSE. HE REacHed for his wallet and again stated he did not have it. the defendant eventually provided me with a valid florida identification card. upon cheCking the defendant's driver's license status, i discoverED that his driving prIvilege had been revoked permanently on 042301 AND HAD BEEN SUSPENDED AND REVOKED ON SEVERAL OTHER OCCASIONS FOR DRIVING UNDER THE INFLUENCE (DUI) AND REFUSALS TO SUBMIT BLOOD, BREATH OR URINE. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE AGREED. 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 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. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE, STEPPED OFF THE LINE TO MAINTAIN HIS BALANCE, WALKED AN IMPROPER NUMBER OF STEPS, DID NOT COMPLETE A TURN AND WALKED BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK AND COULD NOT KEEP HIS LEG RAISED FOR MORE THAN THE COUNT OF ONE THOUSAND ONE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE EXPLANATION AND DEMONSTRATION PHASE,, THE DEFENDANT BEGAN THE TASK BEFORE BEING INSTRUCTED TO DO SO. THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE AND DID NOT PROPERLY COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE, PER HIS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, FOURTH OR SUBSEQUENT OFFENSE, WITH A $10,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4602-XDXX, WITH A MANDATORY COURT APPEARANCE ON 021612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5409-GQF8, FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED, KNOWINGLY, THIRD OR SUBSEQUENT CONVICTION, SUSPENDED FOR DUI, WITH A BOND OF $10,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS CHARGED WITH REFUSAL TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH WITH A BOND OF $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 5410-GQF1, FOR REFUSAL TO SUBMIT. "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* |
