| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR10118027) 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) ON 112010 AT APPROXIMATELY 1930 HOURS I RESPONDED TO 23800 EAST GULF TO LAKE HIGHWAY AS BACKUP FOR SERGEANT GLAZE AND DEPUTY TEWELL. UPON ARRIVAL, I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR JACK PALMER, AND IMMEDIATELY DETECTED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE INTERIOR OF THE VEHICLE. MR PALMER'S SPEECH WAS SLURRED, HIS EYES WERE BLOODSHOT AND GLASSY AND HIS FACE WAS FLUSHED. I ASKED MR PALMER IF HE HAD BEEN DRINKING AND HE STRENUOUSLY DENIED IT. I ASKED MR PALMER TO STEP OUT OF THE VEHICLE AND SUBMIT TO AA SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE. MR PALMER AGREED TO PERFORM THE TASKS. 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. I ADVISED THE DEFENDANT TO OBSERVE ME DEMONSTRATE AND EXPLAIN EACH TASK, NOT TO BEGIN THE TASK BEFORE I HAD FINISHED AND TO ASK ANY QUESTIONS WHEN THE DEMONSTRATION AND EXPLANATION WERE COMPLETED. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE ONE TIME AND FAILED TO PLACE HEEL TO TOE ON ANY STEPS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS FOOT DOWN NUMEROUS TIMES AND BEGAN RESTARTING THE COUNT AT ONE EVEN THOUGH I REMINDED HIM TO RESUME HIS COUNT WHERE HE HAD STOPPED. HE SKIPPED NUMBER ELEVEN ENTIRELY. AT THE COMPLETION OF TASK TWO THE DEFENDANT ADVISED THAT HE HAD RECEIVED A HEAD INJURY IN THE 1990'S AND WAS TAKING NUMEROUS MEDICATIONS BECAUSE OF IT. WHEN I ASKED THE DEFENDANT IF ANY OF THE MEDICATIONS CAUTIONED NOT TO OPERATE HEAVY MACHINERY WHILE TAKING THE MEDICATION, THE DEFENDANT STATED YES. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING THE TASK THE DEFENDANT STARTED TO PERFORM THE TASK. THE DEFENDANT WAS AGAIN REMINDED NOT TO BEGIN THE TASK UNTIL I HAD FINISHED THE DEMONSTRATION AND INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY ON HIS FEET, SWAYING DURING THE ENTIRE TASK. THE DEFENDANT HAD SEVERAL FALSE STARTS, BEGINNING WITH THE WRONG HAND, THEN REALIZING HE WAS WRONG AND STARTING OVER. THE DEFENDANT MISSED THE TIP OF HIS NOSE WITH HIS LEFT HAND ON EVERY ATTEMPT. THE DEFENDANT WAS ABLE TO TOUCH THE TIP OF HIS NOSE WITH HIS RIGHT HAND. TASK FOUR, 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. 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 HE WANTED A BLOOD TEST AT THE JAIL. HE WAS ADVISED HE HAD THE OPTION OF THE BREATH TEST; HOWEVER, THE DEFENDANT STATED HE WOULD SUBMIT TO THE BLOOD TEST BUT WAS NOT REFUSING THE BREATH TEST. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS PASSENGER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON TAPE 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 WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7693-XBLX, WITH A MANDATORY COURT APPEARANCE ON 120910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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* |
