| Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (2012-1990AR) THE DEFENDANT DID IN VIOLATION OF FLORIDA STATE STATUTE OPERATE HIS MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE WHICH WAS VERIFIED THROUGH FIELD SOBRIETY TASKS IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 316.193(2)(B)(1). THIS WAS A THIRD OFFENSE FOR DRIVING UNDER THE INFLUENCE (DUI) VERIFIED THROUGH NCIC/FCIC WITH AN ARREST ON 111004 FOR DUI, SECOND OFFENSE CONVICTED. THE DEFENDANT ALSO WAS IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.147(1). HE HAD IN HIS POSSESSION A âONE HITâ PIPE USED FOR SMOKING MARIJUANA, WHICH TESTED POSITIVE; AND DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E). ON 071512, DEPUTY SUDLOW (0759) OBSERVED THE DEFENDANTâS VEHICLE TRAVELLING SOUTHBOUND ON US 19 AT 62 MILES PER HOUR (MPH) IN A 45 MPH POSTED SPEED ZONE. HE IMMEDIATELY ACTIVATED HIS EMERGENCY LIGHTS. THE DEFENDANT TRAVELLED APPROXIMATELY ONE MILE BEFORE STOPPING IN THE CENTER MEDIAN AT THE INTERSECTION OF US 19 AND WEST CYPRIAN COURT. I ARRIVED MINUTES LATER AS BACKUP. I WAS TOLD BY DEPUTY SUDLOW THAT IMMEDIATELY UPON EXITING THE MOTORCYCLE THE DEFENDANT PUT A STICK OF GUM IN HIS MOUTH. DEPUTY SUDLOW STATED THAT EVEN WITH THE GUM IN HIS MOUTH HE COULD STILL SMELL THE ODOR OF ALCOHOL. WITH THE DEFENDANT WAS A PASSENGER, MS LESLIE DOSS. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT, MR JAMIE LEE CRONIN, AND INTRODUCED MYSELF. WITHIN TWO FEET OF THE DEFENDANT I SMELLED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I REQUESTED THAT HE SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS DUE TO HIS GLASSY EYES AND THE SMELL OF ALCOHOL ON HIS BREATH. HE ADVISED HE WOULD SUBMIT. AT THAT TIME, THE DEFENDANT SPIT THE GUM OUT OF HIS MOUTH AT MY REQUEST. I ACTIVATED MY IN-CAR CAMERA AND ON THE SMOOTH, PAVED TURN AROUND IN THE CENTER MEDIAN I CONDUCTED FIELD SOBRIETY TASKS. 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 DID NOT. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT DID NOT MAINTAIN THE INSTRUCTIONAL STANCE DURING INSTRUCTION. THE DEFENDANT DID NOT TOUCH HEEL-TO-TOE ON ANY STEP INSTEAD PACED WITH APPROXIMATELY 4-6 INCHES BETWEEN EACH STEP. THE DEFENDANT PERFORMED POORLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT LIFTED HIS FOOT AND WAS NOT ABLE TO MAINTAIN IT ELEVATED FOR MORE THAN 7 SECONDS. HE THEN CONTINUED ATTEMPT COUNTING INCORRECTLY AND REPLACED HIS FOOT TO THE GROUND APPROXIMATELY 3 TO 5 SECONDS. HE USED HIS ARMS FOR BALANCE AND STOPPED THE TASK AT 25 SECONDS WITHOUT BEING TOLD TO DO SO. THE DEFENDANT PERFORMED THIS TASK POORLY. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE TWO OUT OF SIX ATTEMPTS. INSTEAD HE TOUCHED EITHER THE RIGHT SIDE OR THE NOSTRIL. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK. DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT VIA AGENCY CARD REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT. I THEN BEGAN SEARCH OF THE DEFENDANT SUBSEQUENT TO ARREST, AT WHICH TIME HE TOLD ME HE HAD A âONE HITTERâ IN HIS LEFT, FRONT POCKET. I REMOVED WHAT APPEARED TO BE A WOODEN PIPE WHICH LATER TESTED POSITIVE FOR CANNABIS. THIS ITEM WAS TURNED IN AS EVIDENCE. AT THE DEFENDANTâS REQUEST HIS CELL PHONE AND CREDIT CARDS WERE TURNED OVER TO THE PASSENGER, MS LESLIE DOSS. AS MS DOSS DID NO HAVE A MOTORCYCLE ENDORSEMENT AND THE DEFENDANT HAD NO ONE TO GET HIS MOTORCYCLE ROTATION WRECKER ADAMâS TOWING RESPONDED. DEPUTY SUDLOW REMAINED WITH THE MOTORCYCLE UNTIL THEIR ARRIVAL. THE DEFENDANT TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. HE WAS CHARGED WITH DUI THIRD CONVICTION, POSSESSION OF PARAPHERNALIA, AND REFUSAL TO SUBMIT TO A TEST OF HIS BREATH WITH TOTAL BOND SET AT $11,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI CITATION NUMBER 4393-XDXX, WITH MANDATORY COURT APPEARANCE OF 081212 AT 1300 HOURS. HE WAS ISSUED CITATION NUMBER 9926-FXZ1, FOR REFUSAL TO SUBMIT TO A TEST OF HIS BREATH. |
