| Probable cause affidavit: |
SUBMITTED BY: AMSLER, KENNETH 0329 (AR09107120) 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, BEING THE THIRD OFFENSE IN MORE THAN 10 YEARS SINCE THE PRIOR CONVICTION, IN VIOLATION OF FLORIDA STATUTE 316.193(2)(B)(2). ON 010909, I RESPONDED TO THE AREA OF HIGHWAY 41 SOUTH AND HIGHWAY 44 EAST, IN INVERNESS, IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL, I MADE CONTACT WITH BOTH PARTIES INVOLVED IN the CRASH, WITH THE AT FAULT VEHICLE BEING THE DEFENDANT'S, MR JACK EDWARD OHMER JR. CONTACT WAS MADE WITH the DEFENDANT TO RETRIEVE HIS INFORMATION FOR THE CRASH REPORT. ONCE the CRASH REPORT WAS COMPLETED, HE WAS ADVISED ON CAMERA THAT I DETECTED AN ORDER OF AN ALCOHOLIC BEVERAGE EMITTING from his PERSON. AT that TIME, MY TRAFFIC CRASH INVESTIGATION WAS CONCLUDED AND I BEGAN A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. THE DEFENDANT ACKNOWLEDGED THAT HE UNDERSTOOD, AT WHICH TIME, THE DEFENDANT ADVISED ME THAT HE AHD NOT TAKEN ANY PRESCRIBED MEDICATIONS, OVER THE COUNTER MEDICATIONS, OR ILLEGAL SUBSTANCES ON THIS DATE 010909. THE DEFENDANT THEN STATED THAT HE TOOK A COUPLE OF TYLENOLS IN the MORNING. THE DEFENDANT STATED that HE DOES NOT WEAR GLASSES BUT POSSIBLY MAY NEED SOME. HE ADVISED THAT HE IS NOT PRESCRIBED TO WEAR GLASSES, NOR REQUIRED BY HIS LICENSING STATE. the DEFENDANT STATED THAT HE IS NOT EPILEPTIC, NOR PRONE TO SEIZURES. HE STATED THAT HE HAS NO AILMENTS OR PHYSICAL DISABILITIES THAT would PREVENT HIM FROM PERFORMING FIELD SOBRIETY TASKS, BUT HE DOES HAVE BAD KNEES FROM LAYING CARPET. THE DEFENDANT STATED THAT HE HAS NOT HAD ANY MEDICAL TREATMENT FOR HIS KNEES, BUT HE IS JUST WORN OUT. THE DEFENDANT ADVISED THAT HE WAS JUST COMING FROM A BAR UP THE STREET, AND POINTED TOWARDS HIGHWAY 41 SOUTH. THE FIRST TASK I DEMONSTRATED TO THE DEFENDANT AND EXPLAINED IT TO HIM SEVERAL TIMES. THE FIRST TASK, HEEL TO TOE. THE DEFENDANT WAS UNABLE TO KEEP HIS BALANCE, DID NOT WALK HEEL TO TOE, AND FAILED TO FOLLOW DIRECTIONS. THE SECOND TASK WAS, THE ONE LEGGED STAND, WHICH WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AT WHICH POINT HE STATED THAT HE WOULD USE HIS RIGHT LEG. THE DEFENDANT WAS UNABLE TO KEEP the LEG ELEVATED FOR MORE than A COUNT OF TWO, AT WHICH POINT I GAVE HIM the OPTION TO USE HIS LEFT LEG. THE DEFENDANT WAS UNABLE TO KEEP HIS LEFT LEG ELEVATED FOR LONGER THAN A COUNT OF TWO. I THEN EXPLAINED AND DEMONSTRATED AND EXPLAINED SEVERAL TIMES, THE THIRD TASK, WHICH WAS THE FINGER TO NOSE. AT THAT TIME I INSTRUCTED THE DEFENDANT TO TOUCH HIS NOSE WITH HIS RIGHT HAND, HOWEVER, HE USED HIS LEFT HAND. THE DEFENDANT ADVISED THAT HE COULD NOT DO THE TASK. AT THAT TIME THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT THEN STATED THAT HE would TAKE AN INTOXILYZER TEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY STRICKLAND. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT SUBMITTED TO THE APPROVED TEST OF HIS BREATH, WITH THE TEST RESULTS BEING, A .247 AND A .247. THE DEFENDANT WAS ISSUED DUI CITATION, CITATION NUMBER 4142-XDX WITH A MANDATORY COURT DATE OF 012909 AT 1300 HOURS. UNIFORM TRAFFIC CITATION (UTC), CITATION NUMBER 4617-FGW FOR CARELESS DRIVING, WHICH BOTH WERE SIGNED BY THE DEFENDANT. IT SHOULD BE NOTED THAT THE DEFENDANT HAS BEEN CONVICTED OF SEVERAL DUI'S OUT OF PENNSYLVANIA, ONE BEING ON 063097 AND 092598. A TRAFFIC CRASH FORM WAS COMPLETED SEE THE HIGHWAY SAFETY AND MOTOR VEHICLES (HSMV) CRASH REPORT, REPORT NUMBER 05252288. THE DRIVER OF THE VEHICLE THAT WAS STRUCK BY THE DEFENDANT'S VEHICLE WAS FLOWN TO TAMPA GENERAL HOSPITAL, AND HER DISPOSITION IS UNKNOWN AT THIS TIME. EMERGENCY MEDICAL SERVICES (EMS) WORKER PROVIDED ME WITH THE KEYS TO THE DRIVER THAT WAS TRANSPORTED TO TAMPA GENERAL WHICH WERE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. I WAS UNABLE TO GIVE THEM TO THE TOW TRUCK DRIVER SINCE HE HAD ALREADY LEFT THE SCENE. A DUI PACKET WAS COMPLETED AND TURNED IN TO RECORDS. THE DEFENDANT'S BOND WAS SET PER SCHEDULE AT $500.00. the IN CAR VIDEO WILL BE TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
