| Probable cause affidavit: |
SUBMITTED BY: RICCI, ANTHONY 0606 (AR13-7506) 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, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 100213 AT APPROXIMATELY 0014 HOURS, I WAS TRAVELLING SOUTHBOUND ON CITRUS AVENUE, WHEN I OBSERVED A SMALL PICKUP TRUCK IN FRONT OF ME TRAVELLING SOUTHBOUND. THE VEHICLE SLOWED DOWN TO DO A U-TURN IN THE MIDDLE OF THE ROAD AT CITRUS AVENUE AND MARQUETTE. THE VEHICLE MADE THE U-TURN JUST SOUTH OF THE INTERSECTION AND DURING THE U-TURN, I WITNESSED THE VEHICLE DRIVE ONTO THE SIDE AND FRONT YARD OF THE CORNER PROPERTY LATER DESCRIBED AS 9478 WEST MARQUETTE LANE. THE VEHICLE THEN EXITED THAT RESIDENCEâS FRONT YARD AND WAS FACING EASTBOUND ON MARQUETTE, WHERE IT STOPPED ON THE ROAD. DURING WHICH TIME, I CONDUCTED A TRAFFIC STOP NOTING THE VEHICLE LICENSE PLATE NUMBER AS 176YAD AND UPON CONDUCTING A TRAFFIC STOP, THE DRIVER EXITED HIS VEHICLE AND APPEARED TO BE STUMBLING. I THEN APPROACHED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR JACK ANDERSON SUTTON, WHO THEN TOOK HIS KEYS OUT OF THE IGNITION. HE THEN LEANED UP AGAINST HIS PICKUP TRUCK TO MAINTAIN BALANCE. UPON APPROACHING THE DEFENDANT I COULD DETECT A STRONG ODOR OF ALCOHOL EMANATING FROM HIS PERSON AND HIS BREATH. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, TO WHICH HE STATED THAT HE DID NOT HAVE HIS WALLET, WHICH WAS LATER LOCATED ON THE PASSENGER SEAT. THE DEFENDANT HAD SLURRED SPEECH AND FOUND IT DIFFICULT TO STAND WITHOUT LEANING AGAINST HIS PICKUP TRUCK. I ASKED THE DEFENDANT WHERE HE WAS HEADING TO AND HE STATED HE WAS AN âALCOHOLICâ. I ASKED THE QUESTION AGAIN, TO WHICH HE STATED THAT HE DID NOT âHAVE ANY REASON TO KNOW WHYâ HE WAS âON MARQUETTEâ. I THEN ASKED THE DEFENDANT WHERE HE WAS COMING FROM AND HE STATED HIS âRESIDENCE ON DAMASCUSâ. LATER ON DURING CONVERSATION, THE DEFENDANT STATED THAT IT WAS HIS INTENDED DESTINATION AS WELL. I ASKED THE DEFENDANT IF HE WISHED TO CONDUCT FIELD SOBRIETY TASKS, TO WHICH HE STATED âYESâ. 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 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. THE DEFENDANT WAS UNABLE TO KEEP HIS HEAD STATIONARY, MOVING HIS HEAD ALONG WITH HIS EYES, DURING THE HORIZONTAL AND VERTICAL TASKS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE. HE TOOK TEN STEPS ON EACH EXERCISE. HE WAS UNABLE TO MAINTAIN A STRAIGHT LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT COULD NOT UNDERSTAND THE TASK. TASK FOUR, RHOMBERG (ALPHABET RECITATION), THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED, WHAT WAS THE LAST GRADE THAT HE COMPLETED IN SCHOOL, WHERE THE DEFENDANT ADVISED THAT HE GRADUATED COLLEGE. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO SPEAK THE ALPHABET BETWEEN A TO Z IN A MONOTONE TONE AND NOT TO SING THE ALPHABET. DURING THIS TASK THE DEFENDANT STARTED AT âAâ AND DEVIATED AFTER âEâ WHERE HE STATED âEFUHâ. I THEN GAVE HIM THE OPPORTUNITY TO DO THE TASK AGAIN, WHICH HE STARTED AT âAâ AND DEVIATED AFTER âFâ SAYING âFGHIâ. THE DEFENDANT THEN PLACED HIS HANDS AT HIS BACK STATING âGO AHEAD AND TAKE MEâ. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY TOWING. 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 A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4611-XDX-1, WITH A MANDATORY COURT APPEARANCE ON 102413 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
