| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09110734) 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(2)(B)(1) ON 082909 AT APPROXIMATELY 1724 HOURS, I ARRIVED ON SCENE AT 310 SOUTHEAST HIGHWAY 19 IN CRYSTAL RIVER WHERE A VEHICLE WAS STOPPED FOR DRIVING ERRATICALLY. UPON MY ARRIVAL, THE SUBJECT WAS OUT OF HIS VEHICLE WEARING SHORTS, SOCKS AND SHOES BUT NO SHIRT. WHILE INTERVIEWING THE DRIVER, I IDENTIFIED MYSELF AND THEN IDENTIFIED THE DRIVER/DEFENDANT THROUGH HIS FLORIDA DRIVER'S LICENSE. I ADVISED HIM OF OUR CONCERNS OF HIM DRIVING UNDER THE INFLUENCE. I OBSERVED THE DRIVER TO BE SWEATING PROFUSELY. HIS EYES WERE WATERY AND GLASSY AND HE HAD DIFFICULTY KEEPING HIS EYES OPEN. WHILE SPEAKING TO ME, THE DRIVER HAD A SWAY IN HIS STANCE AND A SLUR IN HIS SPEECH. I ASKED THE DRIVER IF HE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED 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 HE HAD A BACK INJURY which WAS A BULGING DISK AND THAT HE HAD JUST TAKEN TWO PERCOCET PILLS. 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 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 DID MOVE HIS HEAD FROM SIDE TO SIDE ALONG WITH HIS EYES AND DID HAVE DIFFICULTY TRACKING THE ENTIRE TIME. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET AND KEPT LOOSING HIS BALANCE. HE FAILED TO FOLLOW INSTRUCTIONS, STEPPED OFF THE LINE MORE THAN THREE TIMES, AND FAILED TO WALK HEEL TO TOE MORE THAN THREE TIMES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, FAILED TO LOOK DOWN AT HIS FOOT, FAILED TO KEEP HIS FOOT SIX TO EIGHT INCHES OFF THE GROUND, REPEATEDLY PLACED HIS FOOT DOWN AND STARTED OVER AND ON ONE ATTEMPT, KEPT HIS FOOT ON THE GROUND WHILE COUNTING TO TEN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, FAILED TO KEEP HIS HEAD TILTED BACK, AND FAILED TO TOUCH THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGER ON EVERY ATTEMPT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, THIRD OFFENSE WITH TWO PRIOR OFFENSES IN MARION COUNTY. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF DEPUTY MATOS' PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY MATOS. HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH DUE TO HIM COLLAPSING TO THE GROUND THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, THIRD OFFENSE WITHIN TEN YEARS OF PRIOR CONVICTION, WITH A $5,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8365-XBD-1, WITH A MANDATORY COURT APPEARANCE ON 091709 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
