| Probable cause affidavit: |
submitted by: lieutenant jones, john f460 (ar13-5761) did drive or was in the actual physical control of a veSSEL 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, IN VIOLATION OF FLORIDA STATE STATUTE 327.35(1)(A) On May 25, 2013, AT approximately 1910 HOURS, I was on wateR patrol on the Crystal River IN THE Kings Bay area of Citrus County. I observed Florida vessel FL 8883UM traveling north in King Bay, toward Peteâs Pier. A vessel stop was initiated on the vessel to conduct a safety inspection. I observed MR Jerod Liedel behind the wheel with his right hand on the wheel, while the vessel was underway. I advised MR Liedel that I needed to see the life jackets, type FOUR, vessel registration and fire extinguisher. While gathering the items I noticed that MR Liedel had trouble standing, he had to steady himself by leaning against the vessel T-Top. At one point Liedel was approximately 2 feet from me with the wind blowing directly from his position to mine. I quickly noticed a distinct odor coming from Liedel consistent with someone who had been consuming alcoholic beverages. I advised MR Liedel that I suspected that he was operating his vessel while impaired. I asked Liedel if he would perform some field sobriety taskS so I could determine if it was okay fOR him to continue on his way. MR Liedel stated he understood and would do the task. I assisted MR Liedel to my vessel where I had more room and my officer safety was maintained. The following afloat tasks were conducted. Task 1 HGN: The task direction were read from a prepareD text and the defendant stated he understood. During the task I observed the following. I had to advise MR Liedel not to move his head twice. Distinct and sustained nystagmus at maximum deviation Nystagmus before 45 degrees Lack of smooth pursuit. Task 2, Palm Pat: The task directions were read from a prepared text and he stated he understood them. During the task the following clues were observed. Hit the side of his top hand on his lower hand. Improper count, 1,2 ( 1,2) ( 2,2) (2,1) Did not speed up. Started out fast and stayed at same pace. Task 3: Finger count: The task directions were read from a prepared text and he stated he understood them. MR Liedel miss counted during the task by counting 1,2,3,4 3,2,1. I explained the task counting again and he continued to miss count his fingers. MR Liedel did not touch the tip of finger with his thumb during any of the task. Task 4: Finger to Nose: The task directions were read from a prepared text and he stated he understood them. During the task the following clues were observed MR Liedel missed his nose on all attempts but one Did not touch the tip of his nose with his finger tip three times, he missed his nose completely Opened his eyes one time and was told to keep his eyes closed Failed to keep his head tilted back, told three times to keep HIS HEAD tilted back. I advised mr Liedel that I had two more tasks to complete the evaluation. I asked him if we could continue the two remaining task at Peteâs Pier. Peteâs Pier was located approximately 100 yards away. mr Liedel stated he had no problem finishing the tasks at Peteâs Pier. We arrived at Peteâs Pier without incident. Task 5: One leg Stand The task directions were read from a prepared text and he stated he understood them. During the task the following clues were observed Put his foot down during his first attempt at the number 2 between 3 Was able to perform task Task 6, Walk and Turn: The task directions were read from a prepared text and he stated he understood them. During the task the following clues were observed Did not touch heel to toe at all during task Counted step 1, 2, 3,4,5, stopped counting after 5 Step off line before the turn Lost his balance on the turn and did an improper turn. Upon completion of the task I advised mr Liedel that I was placing him under arrest for operating a vessel while impaired. I explained that he would be taken to the Citrus County Jail where he would be read his implied consent and would be asked to an approved test of his breath to determine the alcohol content. mr Liedel stated he understood. mr LIEDELâS VESSEL was released to his wife at Peteâs Pier. mr Liedel was read the implied consent by Jail correction officer, Ofc. Dâ Addario. mr Liedel refused to submit to the test. he was issued a citation, V369024 for operating a vessel while impaired. mr Liedel was issued a court to appear on July 1, 2013 at 0830 Citrus County Court House, Judge Yerman, court room B. |
