| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR10115503) 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 062310, AT APPROXIMATELY 2202 HOURS, I RESPONDED TO WEST GROVER CLEVELAND BOULEVARD AND OHIO AVENUE, AS BACK-UP FOR DEPUTY VIGGIANO WHO INITIATED A TRAFFIC STOP. UPON MY ARRIVAL, DEPUTY VIGGIANO STATED THAT HE HAD FOLLOWED THE DRIVER/DEFENDANT, MR JAMES FRANTZ, NORTH ON HIGHWAY 19 JUST NORTH OF WEST CARDINAL STREET. THIS VEHICLE HAD PULLED OUT OF JOLLY ROGERS BAR AND TRAVELED NORTHBOUND IN THE INSIDE TRAFFIC LANE. I WAS ADVISED THAT THE DRIVER OF THE VEHICLE WAS SWERVING BACK AND FORTH WITHIN THE INSIDE TRAFFIC LANE AND SWERVING BACK TOWARDS THE MIDDLE OF THE ROADWAY TO THE OUTSIDE TRAFFIC LANE. ONCE THE VEHICLE APPROACHED SOUTH SUNCOAST BOULEVARD AND WEST GROVER CLEVELAND BOULEVARD, THE VEHICLE TURNED EAST ON WEST GROVER CLEVELAND AND MADE A WIDE TURN ALMOST GOING INTO THE WESTBOUND TRAFFIC LANE. AT THAT TIME DEPUTY VIGGIANO INITIATED A TRAFFIC STOP AND STOPPED THE DRIVER AT WEST GROVER CLEVELAND AND SOUTH OHIO AVENUE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT WHO WAS IDENTIFIED AS MR JAMES FRANTZ, WE BOTH COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. DURING THE TRAFFIC STOP, HE WAS THE ONLY PERSON INSIDE THE VEHICLE. THE DEFENDANT'S EYES WERE GLASSY AND BLOOD SHOT AND WHILE SPEAKING WITH THE DEFENDANT HIS SPEECH WAS SLURRED. AS I MADE CONTACT WITH THE DEFENDANT, I ASKED HIM WHERE HE WAS GOING AND HE STATED, HARDEES TO GET SOMETHING TO EAT. AT THAT TIME I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK AND HE STATED TWO BEERS APPROXIMATELY A HALF HOUR AGO AND THE LAST TIME HE ATE WAS APPROXIMATELY 1930 HOURS THIS EVENING. AT THAT TIME I ASKED THE DEFENDANT IF HE WOULD CONDUCT ROADSIDE SOBRIETY TASKS, AT WHICH TIME HE STATED HE WOULD. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID HAVE TWO HEART ATTACKS AND A STROKE A COUPLE OF YEARS AGO AND THAT HE WAS ON TWO TYPES OF HEART MEDICATIONS BUT HE DID NOT KNOW WHAT THEY WERE. I ASKED HIM IF HE HAD ANY OTHER PROBLEMS WITH HIS LEGS OR HIS FEET, TO WHICH HE STATED HE HAD PROBLEMS WITH HIS RIGHT ANKLE AND HIS RIGHT FOOT AND HE WAS UNSTABLE WHILE STANDING. WHILE SPEAKING WITH THE DEFENDANT, HE KEPT BALANCING HIMSELF AGAINST HIS VEHICLE ON SEVERAL OCCASIONS PREVENTING HIM FROM FALLING. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES BUT WORE GLASSES FOR NIGHT TIME DRIVING. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. HE WAS UNABLE TO FOLLOW MY PEN DURING THE TASK. 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 ADVISED THAT HE WAS NOT ABLE TO COMPLETE THE TASK DUE TO BEING UNSTEADY ON HIS FEET. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HIS RIGHT FOOT WAS HURTING SO HE HAD TO USE HIS LEFT FOOT. THE DEFENDANT WAS ATTEMPTING TO COMPLETE THE TASK; HOWEVER, HAD PLACED HIS FOOT ON THE GROUND ON COUNT NUMBER SIX, COUNT 11 AND COUNT 12. THE DEFENDANT DID NOT PROCEED ANY FURTHER WITH THE TASK DUE TO IT BEING UNSAFE AND THE DEFENDANT BEING UNSTEADY WHILE STANDING. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ON THE FIRST ATTEMPT TOUCHED THE TIP OF HIS NOSE WITH THE MIDDLE OF HIS INDEX FINGER. HE THEN WENT THROUGH THE TASK WITHOUT MAKING ANY FURTHER MISTAKES. TASK FIVE, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK THE DEFENDANT WAS ABLE TO TILT HIS HEAD BACKWARDS WHILE PERFORMING THE TASK, BUT ON SEVERAL OCCASIONS OPENED HIS EYES. THE DEFENDANT WAS UNABLE TO SAY THE ALPHABET FROM A TO Z CORRECTLY, SKIPPING THE LETTER G AND THE LETTER K. ON THE THIRD ATTEMPT THE DEFENDANT STATED THAT HE WAS UNABLE TO COMPLETE THE TASK. THE DEFENDANT WAS ALSO SWAYING BACK AND FORTH WHILE ATTEMPTING TO PERFORM THE TASK. 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 LEFT SECURED IN THE PARKING LOT AT THE LOCATION OF THE TRAFFIC STOP. 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 .141 AND .143. 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 7145-XDO7 WITH A MANDATORY COURT APPEARANCE ON 071510 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1722-ESH7, FOR SEAT BELT VIOLATION WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERKS OFFICE. *NOT-EXEMPT* |
