| Probable cause affidavit: |
SUBMITTED BY: CONLEY, STEVE 0290 (AR07003936) LAKATIS, KENNETH 0585 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. ON 071407, AT 0830 HOURS, I WAS DISPATCHED TO 1583 CROFT AVENUE IN REFERENCE TO AN UNKNOWN PROBLEM . DISPATCH ADVISED THERE WAS A WHITE MALE IN A VEHICLE WHO APPEARED TO BE UNCONSCIOUS. UPON ARRIVAL AT THE SCENE, I MADE CONTACT WITH EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL WHO HAD ALSO BEEN DISPATCHED TO THE SCENE. EMS PERSONNEL HANDED ME THE INDIVIDUAL'S DRIVER'S LICENSE AND ADVISED THAT THE INDIVIDUAL APPEARED TO BE INTOXICATED AND WHEN THEY ASKED FOR HIS DRIVER'S LICENSE, HE ATTEMPTED TO GIVE HIM MONEY. I OBSERVED A WHITE MALE, IDENTIFIED AS MR JASON C BANG, SEATED IN THE DRIVER'S SEAT OF A 2007 SUZUKI WITH HIS SEATBELT ON. AFTER MAKING CONTACT WITH THE INDIVIDUAL, I ASKED HIM WHAT HE WAS DOING AND HE ATTEMPTED TO EXPLAIN WHY HE WAS PARKED AT THIS LOCATION BUT HE DID NOT MAKE MUCH SENSE. WHILE SPEAKING WITH HIM, I SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ALSO OBSERVED THAT HIS EYES WERE GLASSY AND HIS CLOTHES WERE IN DISARRAY. I ASKED THE INDIVIDUAL TO STEP OUT OF THE VEHICLE AND IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE DID. 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 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK, THE DEFENDANT DID NOT WALK HEEL TO TOE. THERE WAS NO LINE PRESENT, THEREFORE, THE DEFENDANT WAS ASKED TO JUST WALK IN A STRAIGHT LINE. WHILE ATTEMPTING TO WALK HEEL TO TOE, THE DEFENDANT LOST HIS BALANCE ON STEP 2, 3, 8 AND HE THEN TURNED INCORRECTLY AND THEN LOST HIS BALANCE AGAIN ON STEP THREE, FOUR AND NINE. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK, THE DEFENDANT MISCOUNTED ON ELEVEN (11), TWELVE (12), THIRTEEN (13) AND FIFTEEN (15), AND THEN PLACED HIS FOOT DOWN ON COUNT EIGHTEEN (18). THE DEFENDANT ATTEMPTED TO RESTART THE TASK AND AGAIN PUT HIS FOOT DOWN ON COUNT NINETEEN (19). AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT WAS ALSO READ MIRANDA VIA A MIRANDA CARD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY 5 STAR TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE SUBMITTED TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS OF .124 AND .107. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7091-XDO FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 080207, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
