| Probable cause affidavit: |
SUBMITTED BY: TABB, LYNN 0418 (AR08106579) 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 120608 AROUND 0135 HOURS, I WAS DISPATCHED TO THE PARKING LOT OF TACO BELL IN THE CITY OF CRYSTAL RIVER IN REFERENCE TO A TRAFFIC VIOLATOR. I WAS ADVISED THAT THE VEHICLE WAS A CHEVY S10 TRUCK WHITE IN COLOR AND THAT IT WAS IN THE DRIVE THROUGH LINE ACCELERATING ITS MOTOR STARTING AND STOPPING ABRUPTLY. I WAS ADVISED THAT THE DRIVER OF THE VEHICLE WAS TAKING HIS SHIRT OFF AND CAUSING A DISTURBANCE WITH THE EMPLOYEES. WHILE APPROACHING TACO BELL I OBSERVED THE DEFENDANT'S VEHICLE IN THE DRIVE THOUGH LINE. I OBSERVED THE VEHICLE PULL INTO THE FRONT OF THE RESTAURANT AND ATTEMPT TO PARK IN A PARKING SPOT. I OBSERVED THAT THE VEHICLE PULLED INTO A PARKING LOT ON AN ANGLE AND CROSS INTO ANOTHER PARKING SPOT ALMOST STRIKING THE VEHICLE THAT WAS PARKED IN IT. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON THE VEHICLE. I OBSERVED THAT THE DEFENDANT WAS DRIVING THE VEHICLE. IT APPEARED THAT THE VEHICLE WAS A 1991 CHEVY S10 TRUCK BEARING FLORIDA TAG NUMBER 735JNZ. I OBSERVED THE DEFENDANT GET OUT OF THE VEHICLE THROUGH THE DRIVER'S DOOR. I OBSERVED THE DEFENDANT VERY UNSTEADY ON HIS FEET. HE KEPT LOOSING HIS BALANCE AND WAS STARING OFF ACROSS THE PARKING LOT WITH A GLAZED LOOK ON HIS FACE AND APPEARED TO BE VERY DISORIENTED. THE DEFENDANT THEN BEGAN TAKING ITEMS THAT HE HAD JUST PURCHASED AT TACO BELL OUT OF THE TRUCK AND PLACING THEM ON THE ROOF OF THE TRUCK. I OBSERVED THE PASSENGER OF THE VEHICLE EXIT OUT OF THE PASSENGER SIDE DOOR. I THEN ATTEMPTED TO MAKE CONTACT WITH THE DEFENDANT. I WAS ASKING HIM TO WALK TOWARDS ME AND MY PATROL VEHICLE. THE DEFENDANT KEPT LOOKING AT ME WITH A VERY DISORIENTED AND GLAZED LOOK ON HIS FACE AND REFUSED TO FOLLOW VERBAL COMMANDS. I THEN APPROACHED THE DEFENDANT. I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND PERSON. I OBSERVED THAT THE DEFENDANT'S EYES WERE BLOOD SHOT AND GLASSY. I OBSERVED THAT HIS SPEECH WAS VERY SLOW AND SLURRED. I THEN BEGAN INTERVIEWING THE DEFENDANT. THE DEFENDANT KEPT LOOSING HIS BALANCE AND ALMOST FELL TWICE DURING THE INTERVIEW. THE DEFENDANT STATED THAT HE HAD BEEN DRINKING BEER SINCE 1900 HOURS ON 120508. HE STATED THAT HE HAD DRIVEN TO TACO BELL TO GET SOME FOOD. HE STATED THAT HE HAD PROBABLY DRANK WAY TO MUCH TO BE DRIVING. THE DEFENDANT STATED THAT THE LAST TIME HE HAD SOMETHING TO EAT WAS AROUND NOON TIME ON 120508. THE DEFENDANT COULD NOT RECALL WHAT HE HAD EATEN. THE DEFENDANT HAD A HARD TIME ANSWERING SIMPLE QUESTIONS ABOUT TODAY'S DATE AND COULD NOT RECALL HIS HOME ADDRESS. I THEN ASKED IF THE DEFENDANT WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE STATE HE WOULD. THE DEFENDANT STATED THAT HE DID NOT HAVE ANY PHYSICAL OR MENTAL AILMENTS THAT WOULD HINDER THIS TEST IN ANY WAY. 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. THE DEFENDANT HAD A HARD TIME FOLLOWING INSTRUCTIONS DURING THIS TEST AND AS HIS EYES WOULD TURN SO WOULD HIS HEAD AND BODY CAUSING HIM TO LOOSE BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTION, STARTED THE TASK TOO SOON, USED HIS ARMS TO KEEP HIS BALANCE, ONLY TOUCHED HEAL TO TOE TWICE ON THE FIRST NINE STEPS AND THE SECOND, AND LOST HIS BALANCE ON THE TURN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, PUT HIS FOOT DOWN SIX TIMES, LOST HIS BALANCE SIX TIMES, USED HIS ARMS TO KEEP HIS BALANCE, AND DID NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, FAILED TO TOUCH THE TIP OF HIS NOSE WITH HIS RIGHT HAND AND HIS LEFT, HE TOUCHED THE BRIDGE OF HIS NOSE AND HIS UPPER LIP. HE COULD NOT KEEP HIS BALANCE AND ALMOST FELL TWICE. THIS DEPUTY PREVENTED HIM FROM FALLING. AT THAT TIME, 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 THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE PASSENGER WHO HAD CALLED HIS FATHER TO COME AND PICK IT UP PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .144 AND .137. 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, NUMBER 7135-XDO WITH A MANDATORY COURT APPEARANCE OF 010809 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING CITATION NUMBER 221442B, FOR IMPROPER PARKING. WHEN I INTERVIEWED THE PASSENGER OF THE VEHICLE IT WAS FOUND THAT HIS DRIVERS LICENSE WAS SUSPENDED FOR FAILURE TO PAY TRAFFIC FINES. HE STATED THAT THE DEFENDANT HAD NO BUSINESS DRIVING THE VEHICLE, BUT THEY WERE AT HIS HOME "CHILLING" AND WANTED TO GO GET SOME FOOD. A COPY WAS MADE OF THE ARREST AFFIDAVIT AND A DUI PACKET WAS COMPLETED AND TURNED IN TO RECORDS. *NOT-EXEMPT* |
