| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR09107140) 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 011109 AT APPROXIMATELY 2230 HOURS, WHILE ON ROUTINE PATROL TRAVELING NORTHBOUND ON HIGHWAY 41 IN INVERNESS, I OBSERVED THE DEFENDANT'S VEHICLE BEING DRIVEN ERRATICALLY. THE VEHICLE CROSSED THE CENTER LINE, CROSSED BACK OVER STRIKING THE FOG LINE. THE VEHICLE CONTINUED TO DO THIS SEVERAL MORE TIMES. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIRENS TO STOP THE DEFENDANT BEFORE HE CAUSED A CRASH WITH ONCOMING VEHICLES. THE DEFENDANT'S VEHICLE CAME TO A STOP AT 79 NORTH FLORIDA AVENUE (CHEVRON STATION). I THEN MADE CONTACT WITH THE DEFENDANT AT HIS VEHICLE. AT WHICH TIME, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND HIS EYES WERE GLASSY. AT THAT TIME, I ASKED THE DEFENDANT IF HE WAS HAVING PROBLEMS KEEPING HIS VEHICLE ON THE ROADWAY AND HE ADVISED ME HE HAD JUST GOTTEN NEW TIRES AND ITS BEEN GIVING HIM A PROBLEM. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING, AND HE ADVISED HE HAD APPROXIMATELY THREE BEERS ONE HOUR BEFORE THE TRAFFIC STOP AT HIS EX-WIFE'S RESIDENCE. I THEN HAD THE DEFENDANT EXIT HIS VEHICLE AND WALK TO THE REAR. 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/HER 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. DURING THIS TASK THE DEFENDANT WAS INSTRUCTED TO NOT MOVE HIS HEAD TWICE. THE DEFENDANT WAS UNSTEADY AND WAS SWAYING BACK AND FORTH. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. AT WHICH TIME, THE DEFENDANT ADVISED THAT HE COULD NOT PERFORM THIS TASK BECAUSE HIS BACK WAS HURTING HIM. HE ALSO ADVISED HE COULD NOT PERFORM THIS TASK BECAUSE HE FELT THAT HE HAD TOO MUCH TO DRINK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ALSO REFUSED TO PERFORM THIS TASK DUE TO HIS BACK HURTING HIM. TASK FOUR, RHOMBER TASK. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT READ AND WROTE THE ENGLISH LANGUAGE. DURING THIS TASK THE DEFENDANT WAS UNSTEADY, BUT WAS ABLE TO RECITE THE ALPHABET WITH NO PROBLEM. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT DID NOT TOUCH HIS NOSE AS INSTRUCTED WITH HIS RIGHT HAND. HE WOULD TOUCH THE LEFT SIDE OF HIS NOSE WITH HIS RIGHT HAND AND HE WOULD TOUCH THE BRIDGE OF HIS NOSE. THE DEFENDANT WAS SWAYING BACK AND FORTH DURING THIS TASK AND AT THAT TIME, IT WAS DETERMINED THAT THE DEFENDANT COULD NOT PERFORM THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. I THEN AGAIN ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING, AND HE ADVISED THAT HE HAD APPROXIMATELY FOUR BEERS ABOUT A HALF HOUR BEFORE THE TRAFFIC STOP. 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE 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 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, NUMBER 7248-XAD1 WITH A MANDATORY COURT APPEARANCE OF 012909 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9507-FIQ3, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $141.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
