| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR10114511) 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). 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 His NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION DID CAUSE DAMAGE THE PROPERTY OF ANOTHER, TO-WIT: A 2006 FORD Vehicle, IN VIOLATION OF FLORIDA STATUTE 316.193(3)(C)(1). The defendant, on 042610, in citrus county, Florida was traveling EAST BOUND ON HIGHWAY 44 APPROACHING THE INTERSECTION OF NORTH JOYNER TERRACE, WHEN HE was involved in a motor vehicle crash. the defendant failed to STOP HIS VEHICLE IN TIME THUS RESULTING IN HIM REAR ENDING A 2006 FORD CAUSING APPROXIMATELY $500.00 DAMAGE TO THE FORD AND APPROXIMATELY $500.00 DAMAGE TO THE DEFENDANT'S VEHICLE. upon my arrival i made contact with DEPUTY DERA. HE STATED THAT WHEN HE ASKED THE DEFENDANT FOR HIS INFORMATION HE COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE. AT THIS TIME, I MADE CONTACT WITH THE driver/defendant. I informed hIM who i was, INVESTIGATING THE CRASH. AFTER FINDING OUT HIS SIDE OF THE CRASH I MADE CONTACT WITH THE OTHER DRIVER. THE OTHER DRIVER INFORMED ME AS TO WHAT HAD OCCURRED AND THAT WHEN HE MADE CONTACT WITH THE DEFENDANT HE COULD SMELL WHAT HE THOUGHT TO BE BEER. I THEN MADE CONTACT AGAIN WITH THE DRIVER/DEFENDANT. AT THIS TIME I INFORMED HIM THAT MY TRAFFIC CRASH WAS CONCLUDED AND I WAS NOW CONDUCTING A CRIMINAL TRAFFIC CRASH INVESTIGATION FOR SUSPICION OF DRIVING WHILE UNDER THE INFLUENCE. I INFORMED HIM THAT I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I THEN ASKED HIM WHERE HE WAS COMING FROM AND HE STATED THAT HE HAD BEEN AT THE BEACH FOR THE LAST COUPLE OF HOURS. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY EXERCISES, TO WHICH HE STATED HE WOULD. AT THIS TIME I ASKED THE DEFENDANT TO STEP INTO THE PARKING LOT OF THE HUDDLE HOUSE RESTAURANT. WHILE HE WAS WALKING, I NOTICED THAT THE DEFENDANT'S CLOTHING AND HAIR WERE IN DISARRAY AND HE HAD GLASSY/BLOOD SHOT EYES. WHILE HE WALKED HE WAS SWAYING. AT THIS TIME I aSKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE FIELD SOBRIETY EXERCISES TO WHICH HE STATED NO, THAT HE WAS ALMOST SIXTY YEARS OLD. TASK one, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. he WORE GLASSES ON A REGULAR BASIS, BUT NOT DURING THE EXERCISE. 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, 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. the defendant could not keep hIS eyes closed and was swaying during the task. he was told to do hIS left arm, WHICH HE DID CORRECTLY, THEN HIS right arm CORRECTLY AS INSTRUCTED. HE WAS THEN TOLD HIS LEFT ARM, WHICH HE DID INCORRECTLY BY GOING STRAIGHT TO HIS NOSE AND MISSING IT. HE THEN DID HIS RIGHT ARM INCORRECTLY BY GOING STRAIGHT TO HIS NOSE AND MISSING IT AS WELL. HE WAS THEN INSTRUCTED TO DO HIS RIGHT ARM WHICH HE FAILED TO DO SO BY DOING HIS LEFT ARM HALF WAY THEN CORRECTING IT TO HIS RIGHT ARM. HE THEN FAILED TO TOUCH HIS NOSE. HE WAS THEN INSTRUCTED TO DO HIS LEFT ARM WHICH HE WENT STRAIGHT TO HIS NOSE, THEREBY FAILING TO FOLLOW THE INSTRUCTIONS GIVEN. task three, 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 NO. I INFORMED HIM THAT HE COULD RAISE WHICH EVER LEG HE CHOSE. AFTER EXPLAINING THE TASK HE ATTEMPTED TO DO IT BY RAISING HIS RIGHT LEG. HE USED HIS ARMS FOR BALANCE AND DID NOT LOOK DOWN AT HIS RIGHT TOE AS INSTRUCTED. HE GOT TO THE NUMBER THREE AND PUT HIS FOOT DOWN. HE THEN CONTINUED AND GOT TO NUMBER FIVE. AGAIN HE PUT HIS FOOT DOWN RAISED COUNTED TO SIX AND AGAIN PUT HIS FOOT DOWN. HE FAILED TO COMPLETE THE TASK. HE THEN STATED THAT THE WIND WAS BLOWING IN HIS FACE. I ASKED HIM IF HE WOULD LIKE TO CHANGE DIRECTION, TO WHICH HE STATED YES. I LET HIM ATTEMPT THE TASK AGAIN. THIS TIME HE RAISED HIS ARMS FOR BALANCE AND WAS SWAYING. HE RAISED HIS RIGHT LEG AND COUNTED TO NUMBER SEVEN WHERE HE PUT HIS FOOT DOWN. I ASKED HIM IF HE WOULD LIKE TO TRY IT ONE MORE TIME AND HE AGREED. HE STARTED OVER, RAISING HIS RIGHT LET AND COUNTED TO NUMBER TWO WHERE HE PUT HIS FOOT DOWN AND STATED THAT HE COULD NOT MAKE IT. AT THIS TIME HE COULD NOT COMPLETE THE TASK AS INSTRUCTED. TASK four, 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 GRADE TWELVE. HE WAS THEN ASKED IF HE KNEW HIS ABC'S TO WHICH HE STATED YES HE DID. THE DEFENDANT recited hIS abc's with no problems. however he DID sway SLIGHTLY during the task. he also slightly opened hIS eyes during the task. TASK fIVE, 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 by walking down the white line. on stepS FOUR, FIVE, SIX, EIGHT AND NINE, he failed to touch hIS heal to toe and he could not stay on the line. AS HE turned around and started back down the line HE STEPPED OFF OF THE LINE ON STEP TWO, THREE AND FOUR, LOOSING HIS BALANCE. AND ON STEPS FIVE, SEVEN AND NINE, HE DID NOT TOUCH HIS HEAL TO TOE AS INSTRUCTED. HE ALSO USED HIS ARMS FOR BALANCE DURING THE TASK. at this time, i INFORMED THE defendant THAT HE WAS under arrest. I THEN READ the defendant hIS implied consent warnings, to which he agreed to take a breath test AT THE CITRUS COUNTY DETENTION FACILITY. HE WAS THEN handcuffed behind hIS back AND THE HANDCUFFS WERE double lock. HE WAS THEN placed in the rear seat of DEPUTY DERA'S patrol VEHICLE AND TRANSPORTED TO THE COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BREATH ALCOHOL TEST RESULTS WERE A .130 AND A .123. THE DEFENDANT'S BOND, per the bond schedule, was as follows: Driving under the influence (DUI) 1st OFFENSE - $500.00; Driving under the influence with property damage - $500.00. The defendant was also issued the following Florida Uniform Traffic Citation # 9755-ROZ4 for careless driving resuLTING IN A CRASH WITH A CIVIL FINE OF $166.00 PAYABLE WITH IN 30 DAYS TO THE CLERK OF COURT; Florida DUI Uniform Traffic Citation # 2312-XBGX FOR DRIVING UNDER THE INFLUENCE and FLORIDA DUI uniform traffic citation # 2312-XBG1 for driving while under the influence with property damage both with a mandatory court date of 041310 at 1300 HOURS at the citrus county court house. *noT-eXEMPT* |
