| Probable cause affidavit: |
SUBMITTED BY: STEELFOX, MATTHEW N240 (AR10115112) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE 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 27.35(1)(A). ON 053110 I WAS ON WATER PATROL ON KINGS BAY IN CRYSTAL RIVER, CITRUS COUNTY. I OBSERVED A VESSEL TRAVELING EAST TOWARDS THE ALE HOUSE RESTAURANT. AT THAT TIME, I MADE CONTACT WITH THE VESSEL TO PERFORM A SAFETY INSPECTION. THE OPERATOR WAS LATER IDENTIFIED AS MR JAMES IMHOFF BY HIS DRIVER'S LICENSE. DURING the SAFETY INSPECTING OF MR IMHOFF'S VESSEL, I NOTICED THAT MR IMHOFF HAD SLURRED SPEECH AND AN ODOR OF ALCOHOLIC BEVERAGE. MR IMHOFF ALSO HAD BLOODSHOT AND WATERY EYES. AT THAT TIME, I ASKED MR IMHOFF IF HE would PARTICIPATE IN FIELD SOBRIETY TASKS. MR IMHOFF AGREED. I ASKED MR IMHOFF TO COME TO MY VESSEL WHERE THERE WAS MORE SPACE. MR IMHOFF AGREED AND CAME ABOARD MY VESSEL. WHILE BOARDING, MR IMHOFF HAD EXTREMELY UNSTEADY BALANCE AND HAD TO USE THE CONSOLE AND THE SIDES OF MY PATROL VESSEL TO KEEP HIS BALANCE. ONCE ABOARD, I INSTRUCTED MR IMHOFF TO HAVE A SEAT AT THE BOW OF MY VESSEL. AT THAT TIME, I BEGAN FIELD SOBRIETY TASKS. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, PALM PAT. MR IMHOFF STARTED THE TASK BEFORE HE WAS TOLD, HE HAD A SLIDING AND FLOPPING OF HIS HANDS, HE ALSO HIT THE SIDES OF HIS HANDS INSTEAD OF PALM TO PALM. MR IMHOFF WAS INSTRUCTED TO COUNT AND HE MISCOUNTED HIS HANDS AND HESITATED, HE DID NOT SPEED UP AS INSTRUCTED AND HAD IMPROPER COUNT. TASK THREE, FINGER COUNT. MR IMHOFF WAS INSTRUCTED TO COUNT HIS FINGERS. MR IMHOFF MISCOUNTED HIS FINGERS, DID NOT SPEEDUP AS INSTRUCTED AND DID TOUCH HIS FINGERS AND COUNTED THE WRONG FINGER MULTIPLE TIMES. TASK FOUR, FINGER TO NOSE. MR IMHOFF MISSED HIS NOSE COMPLETELY. ONCE HE GOT HIS FINGER ON HIS NOSE HE WOULD NOT TAKE IT OFF. ON HIS FIRST ATTEMPT, HE DID NOT TOUCH HIS NOSE. AT THE END OF THE TASK, MR IMHOFF STATED "GO AHEAD AND ARREST ME, TAKE ME TO JAIL” TASK FIVE, RECITING ALPHABET. MR IMHOFF RECITED THE ALPHABET AND MISSED LETTERS. WHEN MR IMHOFF GOT TO THE LETTER U, HE SAID P THEN V, AFTER V HE INSERTED AN X, AFTER W HE INSERTED AN L. MR IMHOFF ALSO HESITATED DURING THE TASK. TASK SIX, BACK WARDS COUNT. MR IMHOFF WAS INSTRUCTED TO COUNT FROM 89 - 65 BACKWARDS. MR IMHOFF MISSED NUMBER 78, HE HESITATED AT NUMBER 70, AND FINISHED THE TASK AT NUMBER 69. MR IMHOFF WOULD NOT FINISH THE TASK COMPLETELY. TASK SEVEN, (SHORE TASK), WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. BEFORE HE BEGAN THE TASK, MR IMHOFF WAS TOLD TO WAIT UNTIL TOLD TO START THE TASK. MR IMHOFF BECAME ANGRY AND WANTED TO START BEFORE INSTRUCTED. DURING THIS TASK, MR IMHOFF LOST HIS BALANCE DURING THE INSTRUCTIONS, WENT AHEAD AND STARTED BEFORE TOLD, STOPPED WHILE WALKING, DID NOT TOUCH HEAL TO TOE, STEPPED OFF THE LINE MULTIPLE TIMES, AND USED HIS ARMS TO BALANCE. AT STEP THREE AND FOUR, MR IMHOFF STEPPED OFF THE LINE AND DID NOT TOUCH HIS TOES TO HIS HEEL. TASK EIGHT, ONE LEG STAND. MR IMHOFF SWAYED WHILE BALANCING, WAS INSTRUCTED TO COUNT WHILE BALANCING AND MISCOUNTED. MR IMHOFF PUT HIS FOOT DOWN. MR IMHOFF WAS INSTRUCTED TO COUNT (EX 1001,1002, ETC) UNTIL TOLD TO STOP. MR IMHOFF COUNTED 2011, 2012, 2013 AND THEN STOPPED THE TASK. HE DID NOT COMPLETE THE TASK AT THAT TIME, I COMPLETED THE FIELD SOBRIETY TASKS and TOLD MR IMHOFF THAT I HAD PROBABLE CAUSE TO BELIEVE HE WAS OPERATING A VESSEL UNDER THE INFLUENCE OF ALCOHOL. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND THE BACK, (DOUBLE LOCKED). I INFORMED MR IMHOFF HE WOULD BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WOULD BE REQUESTED TO SUBMIT TO A LAWFUL TEST OF HIS BREATH. MR IMHOFF WAS TRANSPORTED BY A CITRUS COUNTY SHERIFF'S OFFICE OFFICER TO the CITRUS COUNTY DETENTION FACILITY. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, MR IMHOFF WAS OBSERVED FOR 20 MINUTES AND ASKED TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH BY the INTOXILIZER OPERATOR, WHICH HE REFUSED. MR IMHOFF WAS CHARGED FOR BOATING UNDER THE INFLUENCE (BUI) CITATION NUMBER V291203. MR IMHOFF WAS GIVEN AN OUT OF CUSTODY COURT DATE OF 061710 AT 1300 HOURS, WITH JUDGE YERMAN. NO FURTHER ACTION. *nOT-EXEMPT* |
