| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR09108291) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1)(A). DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HER NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION DID CAUSE DAMAGE THE PROPERTY OF ANOTHER, TO-WIT: A 2001 HONDA SUV VEHICLE, IN VIOLATION OF FLORIDA STATUTE 316.193(3) (A) (B) (C) (1). The defendant, on 032209, in citrus county, Florida was traveling south bound on US Highway 19 and SOUTH EAST KINGS BAY DRIVE. the defendant was involved in a motor vehicle crash while traveling south bound on us 19, in the CENTER LANE HE DID CRASH INTO THE REAR OF ANOTHER VEHICLE. UPON MAKING CONTACT WITH THE DEFENDANT, HE SPONTANEOUSLY ADMITTED THAT HE WAS DRIVING HIS TRUCK AND THAT I HAD HIM. HE FURTHER STATED THAT HE HAD BEEN DRINKING AND THAT HE STRUCK THE OTHER VEHICLE. HE ALSO STATED THAT THE TRAFFIC LIGHT WAS RED. WHILE SPEAKING WITH THE DEFENDANT, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. i then informed the defendant that i was NOW conducting a criminal traffic crash investigation. i asked him if he could tell me what had happened. the defendant stated that he was driving south in the CENTER LANE WHEN HE STRUCK ANOTHER VEHICLE. HE AGAIN STATED THAT I HAD HIM AND HE HAD BEEN DRINKING. after obtaining the defendant's drivers liCenSe, i asked him if he would perform some field sobriety TASKS, to which he stated yes he would. 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, BUT THAT HIS RIGHT LEG WAS SHORTER THAN HIS LEFT LEG. TASK one, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH His EYES. he also wore reading glasses which i had him remove. 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 TASK WAS COMPLETED. TASK two, ONE LEG STAND. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. HE WAS ASKED IF HE HAD ANY MEDICAL PROBLEMS WITH HIS LEGS, TO WHICH HE STATED yes, hIS RIGHT LEG WAS SHORTER THAN HIS LEFT LEG. AFTER EXPLAINING THE TASK HE STATED THAT HE COULD NOT DO IT. TASK THREE, ROMBERG RECITATION. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND ASKED WHAT HIS HIGHEST LEVEL OF EDUCATION WAS, TO WHICH THE DEFENDANT STATED High school 12TH GRADE. HE WAS THEN ASKED IF HE KNEW HIS ABC'S TO WHICH HE STATED, YES HE DID. THE DEFENDANT COULD NOT FOLLOW THE INSTRUCTIONS AS EXPLAINED. he kept opening his eyes and WAS SWAYING. when he got to the letter "W" he stated "W","S","R","T". TASK FOUR, WALK AND TURN. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT started to do the TASK and stopped and stated that he could not do it. TASK fIVE, FINGER TO NOSE. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. wHEn he brOUGHT his finger to his noise, he touched the side of his noise and the bridge of his noise. he never touched THE TIP OF HIS NOSE WHEN BRINGING HIS FINGER TOWARDS IT AS EXPLAINED. THE DEFENDANT WAS TOLD TO DO HIS left HAND FIRST, then his right, then left, then right, then right (started to do his left), then left. THE DEFENDANT WAS VERY UNSTEADY and opened his eyes. at this time i read the defendant his implied consent warnings, to which he agreed to take it. I placed him under arrest, handcuffed, (DOUBLE LOCKED) him BEHIND His BACK. HE WAS THEN TRANSPORTED TO THE COUNTY DETENTION FACILITY BY DEPUTY PINNER FOR BOOKING AND PROCESSING. THE DEFENDANTS BOND WAS SET per the bond schedule was as follows: Driving under the influence - $500.00; Driving under the influence with property damage - $500.00; The defendant was also issued the following Florida DUI Uniform Traffic Citation # 2341-XBG for driving under the influence; Florida DUI Uniform Traffic Citation # 2342-XBG for DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE BOTH WITH MANDATORY COURT DATES OF 040909 AT 1300 HOURS, AT THE CITRUS COUNTY COURT HOUSE. HE WAS ALSO ISSUED Florida Uniform Citation NUMBER 1217-RPA for CARELESS DRIVING, Florida Uniform Citation NUMBER 1218-RPA FOR NO PROOF OF INSURANCE, AND Florida Uniform Citation NUMBER 1219-RPA FOR POSSESSION OF AN OPEN CONTAINER OF ALCOHOL. ALL THREE WITH A CIVIL FINE OF $151.00 EACH PAYABLE WITHIN 30 DAYS. *NOT-EXEMPT* |
