| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR14-10402) 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(1). ON 051714, AT APPROXIMATELY 1614 HOURS, WHILE RESPONDING TO A REPORT OF A TRAFFIC VIOLATION OFF WEST WARBLER STREET IN LECANTO, I OBSERVED A 1997 WHITE IN COLOR FORD PICKUP BEING DRIVEN BY A WHITE MALE TRAVELLING AT A HIGH RATE OF SPEED ON WEST WARBLER STREET. THE DRIVER FAILED TO STOP AT THE STOP SIGN AT THE INTERSECTION OF SOUTH CHICKADEE AVENUE. AT THAT TIME, THE DRIVER OF THE VEHICLE TURNED RIGHT TRAVELLING IN SOUTHBOUND DIRECTION ON SOUTH CHICKADEE AVENUE. I INITIATED A TRAFFIC STOP ON THE VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER 2149JF. THE VEHICLE PULLED OVER AND I MADE CONTACT WITH A WHITE MALE DRIVER IDENTIFIED AS MR JAMES AARON ATHERTON, JR. I ADVISED MR ATHERTON WHY I HAD STOPPED HIM AND HE STATED HE WAS AWARE WHY HE HAD BEEN PULLED OVER. WHILE SPEAKING WITH HIM, I REQUESTED TO SEE HIS DRIVER'S LICENSE, INSURANCE, AND REGISTRATION FOR THE VEHICLE. HE WAS ABLE TO PROVIDE ME WITH HIS DRIVER'S LICENSE, HOWEVER HE WAS NOT ABLE TO LOCATE HIS REGISTRATION AND HIS INSURANCE CARDS. WHILE SPEAKING WITH MR ATHERTON, I DETECTED A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS EYES WERE GLASSY AND BLOOD-SHOT, AND HIS SPEECH WAS SLURRED. WHILE SPEAKING WITH HIM, I OBSERVED AN OPEN 12-ONCE BOTTLE OF BUD LIGHT BEER IN THE CENTER CONSOLE, WHICH WAS HALF-FULL. I ALSO OBSERVED A 6-PACK OF 12-OUNCE BUD LIGHT BOTTLES SITTING IN THE SEAT BESIDE HIM. THERE WAS THREE UNOPENED BOTTLES OF BEER IN THE 6-PACK WITH TWO EMPTY BOTTLES. I ASKED MR ATHERTON IF HE HAD BEEN DRINKING, TO WHICH HE STATED YES AND THAT HE HAD THREE BEERS. HE ALSO ADVISED THAT HE WAS COMING FROM HIS FRIENDâS HOUSE WHO LIVES IN THE AREA. AT THAT TIME, I ASKED MR ATHERTON TO EXIT THE VEHICLE. I ASKED THE DRIVER/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. ALL TASKS WERE PREFORMED ON A REASONABLY LEVEL AND SMOOTH SURFACE. ASK 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO MAINTAIN HIS BALANCE AND USED HIS ARMS FOR BALANCE. HE STEPPED OFF THE LINE ON STEPS 2, 4, 5, 7, AND 8 AND WAS NOT ABLE TO TOUCH HEEL-TO-TOE. ON THE WAY BACK, HE STEPPED OFF THE LINE ON STEPS 2, 3, 4, 7, AND 9. HE WAS UNABLE TO PERFORM THE TASK AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, SWAYED FROM LEFT TO RIGHT, PLACED HIS FOOT DOWN ON COUNTS 1003 AND 1005. HE STOPPED THE TASK AND STARTED OVER. HE WENT THROUGH COUNTS 1001 TO 1008 AND SKIPPED COUNT 1009 AND STOPPED AT COUNT 1010. HE USED HIS ARMS FOR BALANCE. HE STOPPED THE TASKED. HE WAS UNABLE TO PERFORM THE TASK AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL UNIT. THE DEFENDANTâS VEHICLE WAS TURNED OVER TO HIS SON AT THE DEFENDANTâS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE DETENTION FACILITY FOR BOOKING AND PROCESSING. ONCE AT THE JAIL, 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 WITH THE RESULTS BEING .167 AND .178. THE DEFENDANT WAS ISSUED TWO CITATIONS, FLORIDA UNIFORM TRAFFIC CITATION NUMBER 5578-GZP5, FOR FAILURE TO STOP AT A STOP SIGN WITH A FINE IN THE AMOUNT OF $166.00 PAYABLE WITHIN 30 DAYS. HE WAS ALSO ISSUED FLORIDA DUI TRAFFIC CITATION NUMBER 0026-XEJ4, WITH A MANDATORY COURT APPEARANCE ON 061214 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. AFTER REVIEWING THE DEFENDANTâS DRIVING HISTORY, I DISCOVERED HE HAS TWO PRIOR DUIâS, ONE WAS IN CITRUS COUNTY 0316/2000, AND NEXT ONE WAS IN LEVY COUNTY ON 0917/2006. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |
