| Probable cause affidavit: |
SUBMITTED BY: RAMOS, ROBALDO 0515 (AR07100486) 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 112607 AT APPROXIMATELY 2050 HOURS, I WAS TRAVELING SOUTHBOUND ON NORTH LECANTO HIGHWAY WHEN I OBSERVED A SOLO VEHICLE TRAVELING NORTHBOUND ON NORTH LECANTO HIGHWAY AT A HIGH RATE OF SPEED. I ESTIMATED THE SPEED AT 54 MILES PER HOUR IN A 40 MILES PER HOUR ZONE. I ACTIVATED MY RADAR, WHICH HAD A CLEAR DOPPLER TONE, WHICH GAVE A READING OF 52 MILES PER HOUR. I MADE A U-TURN AT THE INTERSECTION OF NORTH LECANTO HIGHWAY AND BEVERLY HILLS BOULEVARD, AND ACTIVATED MY EMERGENCY LIGHTS AND SIREN. I THAT TIME I CONDUCTED A TRAFFIC STOP ON THE VEHICLE, WHICH BORE TAG NUMBER 7698FA, ON LECANTO HIGHWAY, JUST NORTH OF PINE RIDGE BOULEVARD. ONCE THE VEHICLE CAME TO A STOP, THE DRIVER EXITED THE VEHICLE AND STARTED TO SMOKE A CIGARETTE. AS I APPROACHED THE DRIVER, I NOTICED HE WAS SWAYING BACK AND FORTH, AND AT THAT TIME I ADVISED HIM TO RE-ENTER HIS VEHICLE. AS I APPROACHED THE DRIVER'S SIDE DOOR, I NOTICED THE DRIVER'S PUPILS WERE CONTRACTED. I ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DRIVER WAS MOVING IN SLOW MOTION AND WAS CONFUSED WHILE HE WAS LOOKING FOR THE DOCUMENTS I ASKED FOR. THE DRIVER WAS IDENTIFIED AS MR JAMES WILLIAM DEWITZ, II, PER HIS FLORIDA DRIVER'S LICENSE. I ASKED MR DEWITZ IF HE KNEW WHY HE WAS BEING STOPPED, TO WHICH HE REPLIED, NO. I EXPLAINED HE WAS STOPPED FOR TRAVELING 52 MILES PER HOUR IN A 40 MILES PER HOUR ZONE. HE STATED HE DID NOT REALIZE HE WAS GOING THAT FAST. I THEN RETURNED TO MY PATROL VEHICLE AND CONDUCTED A NCIC/FCIC AND A D.A.V.I.D. CHECK ON HIS DRIVER'S LICENSE, WHICH REVEALED THAT MR DEWITZ HAD A PRIOR DRIVING UNDER THE INFLUENCE CHARGE IN 2001. I RETURNED TO MR DEWITZ'S VEHICLE, AND RETURNED HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE TO HIM. I ADVISED HIM HE WAS BEING ISSUED CITATION NUMBER 200291B FOR DRIVING 52 MILES PER HOUR IN A 40 MILES PER HOUR ZONE. AT THAT TIME WAS ABLE TO SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM THE VEHICLE. I ASKED MR DEWITZ IF HE WAS OKAY, AND HE STATED YES. I THEN ASKED MR DEWITZ IF HE HAD BEEN DRINKING AND HE STATED, "I JUST HAD ONE BEER." I ASKED HIM IF HE WOULD MIND DOING A FEW ROADSIDE SOBRIETY EXERCISES TO MAKE SURE HE WAS OKAY TO DRIVE HOME. TO WHICH HE AGREED THAT HE WOULD. 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. IT SHOULD BE NOTED THE DEFENDANT MOVED HIS HEAD THREE TIMES WHILE CONDUCTING THIS EXERCISE, AND WAS SWAYING BACK AND FORTH. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED IF HE HAD ANY PHYSICAL PROBLEMS WITH HIS LEGS, AND HE ADVISED HE HAD INJURIES TO HIS RIGHT KNEE DUE TO SPORTS, BUT ADVISED HE WAS HAVING NO PROBLEMS WITH IT AT THIS TIME. I ADVISED HIM HE COULD USE EITHER LEG HE FEELS MOST COMFORTABLE WITH. DURING THIS TASK, THE DEFENDANT RAISED HIS RIGHT LEG APPROXIMATELY ONE INCH OFF THE GROUND, PLACED IT BACK DOWN AFTER TWO SECONDS. HE RAISED IT AGAIN, AND PLACED IT DOWN AFTER SEVEN SECONDS. THE DEFENDANT DID LOSE BALANCE AT ONE POINT, AND ASKED TO SWITCH TO HIS RIGHT LEG. THE DEFENDANT CONTINUED COUNTING AFTER SEVEN SECONDS, HOLDING HIS LEG ONLY TWO INCHES OFF THE GROUND AND REPLACED HIS FOOT AFTER THE COUNT OF SEVENTEEN, COUNTED TO EIGHTEEN AND STOPPED DOING THE EXERCISE. THE DEFENDANT WAS SWAYING DURING THIS EXERCISE. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE WHITE FOG LINE ON THE SIDE OF THE ROAD IN FRONT OF MR DEWITZ'S VEHICLE, WHICH DID HAVE THE HEADLIGHTS ON, WAS USED TO CONDUCT THIS TASK. DURING THIS TASK, THE DEFENDANT NEVER TOUCHED HEEL TO TOE, AND HE TURNED AROUND IN AN IMPROPER MANNER. THE ONLY TIME HEEL AND TOE WAS DEMONSTRATED WAS ON THE SEVENTH STEP AND HE WALKED OFF THE LINE ON COUNTS EIGHT AND NINE. THE DEFENDANT WAS SWAYING DURING THIS EXERCISE TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, MR DEWITZ MISSED HIS FINGER TO HIS NOSE, PLACING HIS FINGER ABOVE HIS MOUTH (UPPER LIP). HE ONLY TOUCHED FINGER TO NOSE ONE TIME OUT OF THE SIX TIMES REQUESTED. EVERY TOUCH WAS TO HIS UPPER LIP. THE DEFENDANT WAS SWAYING WHILE CONDUCTING THIS EXERCISE. TASK FIVE, RHOMBERG ALPHABET TASK, THE DEFENDANT INCORRECTLY WENT FROM THE LETTER "R" TO THE LETTER "U." DURING THIS EXERCISE, HE DID SWAY BACK AND FORTH. IT SHOULD BE NOTED THAT PRIOR TO THE DEFENDANT PERFORMING THESE EXERCISES, HE WAS ASKED IF HE HAD ANY QUESTIONS IN REFERENCE TO PERFORMING THESE EXERCISES, AND HE ADVISED HE UNDERSTOOD, AND DID NOT HAVE ANY QUESTIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT WARNING. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .059 AND 0.54. URINE WAS COLLECTED AND WILL BE SENT OFF TO FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR ANALYSIS. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. DRIVING UNDER THE INFLUENCE CITATION 8934-FGW WITH A FINE OF $120.50. *NOT-EXEMPT* |
