| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11121745) 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(1). ON 071411 AT APPROXIMATELY 2306 HOURS, I WAS DISPATCHED TO 2901 EAST GULF TO LAKE HIGHWAY IN INVERNESS IN REFERENCE TO A SUBJECT WHO WAS UNCONSCIOUS BEHIND THE WHEEL OF A VEHICLE. UPON MY ARRIVAL, I DID NOTICE THAT THE DEFENDANT'S VEHICLE WAS PARKED DIRECTLY IN FRONT OF THE STORE IN A HANDICAP SPOT. I THEN NOTICED THAT THE DEFENDANT WAS INSIDE THE VEHICLE IN THE DRIVER'S SEAT WITH HIS HEAD TILTED DOWN AS IF HE WAS UNCONSCIOUS. I THEN KNOCKED ON THE WINDOW, AT WHICH TIME, THE DEFENDANT WOKE UP, TURNED THE IGNITION FROM THE ON TO THE OFF POSITION, REMOVED THE KEYS AND OPENED THE DOOR. THE VEHICLE HAD NOT BEEN RUNNING WHILE I WAS THERE, HOWEVER, THE KEY WAS IN THE ON POSITION. HE THEN ATTEMPTED TO EXIT HIS VEHICLE WHILE TRYING TO SPEAK WITH ME. THE DEFENDANT HAD VERY SLURRED SPEECH AND I HAD A HARD TIME UNDERSTANDING WHAT HE WAS SAYING. WHEN HE EXITED HIS VEHICLE, HE WAS UNSTEADY ON HIS BALANCE AND USED THE VEHICLE TO HOLD HIM UP. I THEN ADVISED HIM THAT HE WAS SLURRING HIS SPEECH AND ASKED IF HE HAD ANY MEDICAL CONDITIONS. HE STATED HE DOES HAVE HIGH BLOOD PRESSURE BUT HE IS NOT A DIABETIC. HE STATED THAT THE REASON FOR HIS SLURRED SPEECH WOULD PROBABLY BE THE FOUR DRINKS HE HAD EARLIER IN THE EVENING. AT THAT TIME, MED ONE RESPONDED AND PARAMEDIC LAURA JAMES SAW THE DEFENDANT. THE DEFENDANT REFUSED TO GO TO THE HOSPITAL AND ADVISED THAT HE WAS FINE. AT THAT TIME, I BEGAN A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED CARD. ALTHOUGH THE DEFENDANT IS VERY HARD OF HEARING, HE DID STATE HE DID UNDERSTAND THESE RIGHTS AND WISHED TO SPEAK WITH ME. I THEN ASKED THE DEFENDANT IF HE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS IN ORDER TO DETERMINE HIS ABILITY TO DRIVE A MOTOR VEHICLE. HE THEN AGREED. 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 HAD RODS IN HIS RIGHT LEG BUT HE COULD WALK NORMALLY. HE DID STATE THAT HE HAS BEEN TO A DOCTOR AND DONE FIELD SOBRIETY TASKS IN WHICH HE BELIEVED HE HAD A BALANCING PROBLEM. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HIS "ABC" TO THE LETTER "U". AT THAT TIME, HE COULD NOT REMEMBER THE REST OF THE ALPHABET. AT 30 TO 45 SECONDS LATER, HE CONTINUED WITH "XYZ" MISSING THE LETTER "W". TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ON THE FIRST TRY TOUCHED THE VERY TOP OF HIS NOSE NEAR HIS EYEBROW AND ON THE OTHER TWO TRIES, HE PERFORMED SUFFICIENTLY. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO START BEFORE ADVISED TO AND ONCE HE STARTED HE TOOK 14 STEPS NOT HEEL TO TOE DOWN AND 14 STEPS NOT HEEL TO TOE BACK. DURING THIS TIME, HE DID NOT COUNT A LOUD. I THEN ADVISED THE DEFENDANT HE WAS SUPPOSED TO TAKE NINE STEPS AND COUNT ALOUD, AT WHICH TIME, I ALLOWED HIM TO TAKE THE TASK AGAIN. THIS TIME, HE DID TAKE NINE STEPS DOWN NINE STEPS BACK COUNTING OUT LOUD, HOWEVER, THEY WERE NOT HEEL TO TOE. DURING THIS INVESTIGATION, THE DEFENDANT MAINTAINED THE VERY SLURRED SPEECH AND COULD NOT CONCENTRATE ON MY WORDS OR ACTIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT FROM A PREPRINTED CARD. AT THAT TIME, I ASKED HIM TO CONSENT TO A BREATH TEST, AT WHICH TIME, HE AGREED. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO OFFICER FARRIS. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DUI AND ISSUED FLORIDA DUI CITATION NUMBER 7158-XDO-1. HIS BOND WAS SET AT $500.00 PER BOND SCHEDULE. OFFICER FARRIS ADVISED HIS TWO INTOXILYZER MACHINES MALFUNCTIONED AND HE COULD NOT GET A READING. HE DID ADVISE THE DEFENDANT DID FIELD SOBRIETY TASKS AND PERFORMED POORLY. HE THEN PROVIDED ME WITH HIS PACKET WHICH WAS LATER TURNED IN TO RECORDS. AT THAT TIME, I READ THE DEFENDANT IMPLIED CONSENT VIA PREPRINTED CARD AND ASKED HIM TO SUBMIT TO A URINE TEST. HE THEN AGREED AND THE URINE KIT WAS COMPLETED. THIS WILL BE TURNED IN TO EVIDENCE AND SENT OUT FOR TESTING. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
