| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR13-8481) 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(3)(A)(B)(C)(1); ON 122413, AT APPROXIMATELY 2054 HOURS, I WAS DISPATCHED TO A VEHICLE ACCIDENT WITH UNKNOWN INJURY, LOCATED AT THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD, AND WEST CARDINAL STREET. UPON MY ARRIVAL, MEDIC UNIT 101 WAS ON SCENE, CHECKING FOR INJURIES. THEY ADVISED THAT THERE WERE NO INJURIES INVOLVED. BOTH VEHICLES HAD ALREADY BEEN MOVED FROM THE ROADWAY, PRIOR TO MY ARRIVAL. I MADE CONTACT WITH BOTH VEHICLE DRIVERS INVOLVED. UPON MAKING CONTACT WITH DRIVER ONE, IDENTIFIED AS THE DEFENDANT, MR JACK SODERBERG, HE FELL ON THE PAVEMENT IN THE PARKING LOT OF THE CIRCLE K. WHILE SPEAKING WITH THE DEFENDANT, HE ADVISED THAT HE HAD BEEN TRAVELING EASTBOUND ON WEST CARDINAL STREET, AND THAT HE HAD BEEN APPROACHING THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD, WHEN HE LOOKED AWAY FROM THE ROAD TO PICK SOMETHING UP FROM THE FLOORBOARD OF HIS VEHICLE. THE DEFENDANT ADVISED THAT THIS WAS WHEN HE HAD REAR ENDED THE VEHICLE, WHICH WAS IN FRONT OF HIM, STOPPED AT THE TRAFFIC SIGNAL. THE DEFENDANT ADVISED THAT HE HAD COME FROM TWO GUYS FROM ITALY, AND HAD APPROXIMATELY THREE BEERS, AND ONE SHOT. AS I WAS SPEAKING WITH THE DEFENDANT, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HE HAD SLURRED SPEECH, AND HIS EYES WERE GLASSY AND BLOODSHOT. THE DEFENDANT WAS UNSTABLE ON HIS FEET, AND HE APPEARED TO HAVE DIFFICULTY STANDING UPRIGHT. I THEN MADE CONTACT WITH DRIVER TWO, MS ROSEMARIE MASTIN. SHE ADVISED THAT AS SHE HAD BEEN WAITING AT THE STOP LIGHT PREPARING TO TURN RIGHT, A VEHICLE HAD REAR ENDED HER. SHE ADVISED THAT HER TWO CHILDREN HAD BEEN IN THE VEHICLE, WHO WERE UNINJURED. UPON OBSERVING THE DAMAGE TO VEHICLE ONE, THERE WAS MINOR RIGHT FRONT BUMPER DAMAGE, CONSISTING OF SCRATCHES AND MINOR PAINT CHIPPING, WITH AN ESTIMATE DAMAGE OF $200.00. THIS VEHICLE WAS DESCRIBED AS A 1999 SILVER IN COLOR, DODGE DURANGO, BEARING FLORIDA LICENSE PLATE NUMBER X984WD. VEHICLE TWO WAS A 2005, SILVER IN COLOR, CHRYSLER TOWN AND COUNTY VAN, BEARING FLORIDA LICENSE PLATE NUMBER BSRY36. THIS VEHICLE HAD REAR BUMPER DAMAGE, WITH AN ESTIMATED VALUE OF $800.00. AT THAT TIME, I WAS UNABLE TO LOCATE ANY WITNESSES ON SCENE. THE DEFENDANT WAS THEN ADVISED THAT HE WAS GOING TO BE CHARGED WITH THE CRASH, AND HE WAS FOUND AT FAULT. DRIVER TWO WAS RELEASED FROM THE SCENE. A TRAFFIC CRASH REPORT WILL BE COMPLETED, NUMBER 82406390. THE DEFENDANT WAS THEN ADVISED THAT MY TRAFFIC CRASH INVESTIGATION WAS CONCLUDED, AND THAT I WAS NOW CONDUCTING A CRIMINAL INVESTIGATION REGARDING DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS, VIA A PREPRINTED, AGENCY ISSUED CARD, AND ASKED IF HE UNDERSTOOD HIS RIGHTS, AND WHETHER HE WISHED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND WOULD CONTINUE SPEAKING WITH ME. 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 HAD BACK AND HIP PROBLEMS, BUT THAT THESE WOULD NOT DISABLE HIM FROM PERFORMING THE TASKS. 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. IN ADDITION, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT BALANCE DURING THE INSTRUCTIONS, BEGAN THE TASK BEFORE INSTRUCTED, AND USED HIS ARMS FOR BALANCE DURING THE TASK. THE DEFENDANT WAS UNABLE TO COMPLETE THIS TASK AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED TO THE LEFT, USED HIS ARMS FOR BALANCE, AND PLACED HIS FOOT DOWN ON COUNT OF ONE THOUSAND AND FOUR. THE DEFENDANT WAS UNABLE TO COMPLETE THIS TASK AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FRIEND OF THE DEFENDANTâS, MR MICHAEL BAGLEY, PER THE DEFENDANTâS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING CITATION NUMBER 4820XDX8, FOR DUI WITH PROPERTY DAMAGE, WITH A MANDATORY COURT APPEARANCE ON 011614 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, BEARING CITATION NUMBER 7718HBH3, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. MY IN CAR VIDEO WAS ACTIVATED THROUGHOUT ALL PROCEEDINGS, AND A COPY WAS SUBMITTED TO EVIDENCE. |
