| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR2438) THE DEFENDANT, MR JASON BERLIN, 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 081912 AT APPROXIMATELY 0140 HOURS, DEPUTY MOORE (0619) AND DEPUTY NEWTON (0459) WERE AT THE PARKING LOT OF GRIFFâS BAR IN INVERNESS, IN REFERENCE TO CROWD CONTROL DUE TO THE LARGE VOLUME OF PATRONS LEAVING THE ESTABLISHMENT AT CLOSING TIME. BOTH DEPUTIES DID OBSERVE THE DEFENDANT TO EXIT GRIFFâS BAR, AND OBSERVED HIM TO HAVE DIFFICULTY WITH WALKING, AS HE STUMBLED ACROSS THE PARKING LOT. THE DEFENDANT WAS ALSO OBSERVED TO HAVE DIFFICULTY SPEAKING TO OTHERS. BOTH DEPUTIES THEN MADE CONTACT WITH THE DEFENDANT AND COULD SMELL A STRONG ODOR OF ALCOHOLIC BEVERAGE TO BE EMANATING FROM THE DEFENDANTâS BREATH. DUE TO HIS OBVIOUS HIGH LEVEL OF INTOXICATION AND INABILITY TO WALK, BALANCE OR COMMUNICATE, IT WAS EXPLAINED TO HIM THAT HE SHOULD NOT BE DRIVING AND TO HAVE SOMEONE COME AND GET HIM, OR TO CALL A CAB. DEPUTY MOORE AND DEPUTY NEWTON ALSO ADVISED HIM AGAINST TRYING TO WALK HOME, DUE TO THEIR CONCERN FOR HIS SAFETY AS WELL AS THE SAFETY OF THE PUBLIC. A SHORT TIME LATER, THE DEFENDANT WAS OBSERVED GETTING INTO HIS 2001 FORD PICKUP TRUCK, WHICH IS BLUE IN COLOR, AND BEARS FLORIDA LICENSE PLATE L101LL. THEY THEN OBSERVED THE VEHICLE TO EXIT GRIFFâS PARKING LOT, TRAVELING SOUTH ON TO HIGHWAY 41, AT WHICH POINT DEPUTY MOORE FOLLOWED THE VEHICLE, ALONG WITH DEPUTY HOLLOWAY (0696). DEPUTY HOLLOWAY THEN OBSERVED THE VEHICLE TO TURN ONTO SOUTH PINE AVENUE, SWING WIDE INTO THE OTHER LANE. DEPUTY HOLLOWAY THEN PERFORMED A TRAFFIC STOP ONTO SAID VEHICLE, WHICH PULLED OFF OF THE ROADWAY ONTO SOUTH PINE AVENUE NEAR WEST GRACE STREET IN INVERNESS. DEPUTY MOORE, WHILE ON SCENE, MADE CONTACT WITH THE DEFENDANT, WHO WAS LATER IDENTIFIED VIA HIS FLORIDA DRIVER'S LICENSE AS MR JASON BERLIN. DEPUTY MOORE, AS WELL AS DEPUTY NEWTON, THEN CONTACTED THIS DEPUTY, TO HAVE ME RESPOND TO THE SCENE. I THEN RESPONDED TO THE TRAFFIC STOP LOCATION, AND MADE CONTACT WITH THE DEFENDANT, WHO HAD A GLASSY BLOODSHOT GAZE, SLOW REACTION TIME, WAS UNSTEADY ON HIS FEET, AND HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE TO BE EMANATING FROM HIS BREATH. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOL PRIOR TO OPERATING HIS MOTOR VEHICLE THIS EVENING, TO WHICH HE ADVISED THAT HE HAD HAD FIVE DRINKS TONIGHT. I THEN HAD THE DEFENDANT EXIT HIS VEHICLE, AND ASKED THE DEFENDANT TO WALK A SHORT DISTANCE AWAY TO THE FRONT OF MY PATROL VEHICLE, LOCATED ON SOUTH PINE AVENUE. THE DEFENDANT THEN WAS ASKED 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 HAD A BAD RIGHT KNEE. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT HE DID NOT THINK THE AREA WAS LEVEL ENOUGH, AND REFUSED TO COMPLETE THE TASK. I ASKED THE DEFENDANT IF HE WISHED TO MOVE TO A MORE LEVEL AREA, AND THE DEFENDANT ADVISED THAT HE DID NOT THINK THERE WAS AN AREA NEARBY THAT WAS LEVEL ENOUGH. THE DEFENDANT REFUSED TO ATTEMPT THIS TASK. I THEN ASKED THE DEFENDANT IF HE WOULD PERFORM A DIFFERENT TASK, AND THE DEFENDANT REFUSED TO PERFORM ANY FURTHER TASKS. I THEN ADVISED THE DEFENDANT THAT BASED ON MY OBSERVATIONS AND EXPERIENCE, THAT I BELIEVED HIM TO BE IMPAIRED, AND THAT HE SHOULD NOT BE OPERATING A MOTOR VEHICLE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND AND WISHED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT WAS ALSO 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 STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LATER TOWED BY TONYâS TOWING. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT ACKNOWLEDGED THAT HE HAD HAD POSSIBLY TEN ALCOHOLIC BEVERAGES THAT NIGHT, AND THAT HE SHOULD HAVE LISTENED TO THE DEPUTIES PRIOR REQUEST TO GET A RIDE, AND THAT IT WAS HIS OWN FAULT THE SITUATION HE WAS IN NOW. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT THEN CHANGED HIS MIND AND AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.238 AND 0.244. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7154XGAX, WITH A MANDATORY COURT APPEARANCE ON 091312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. PARTS OF THE SOBRIETY TESTING ON SCENE WERE VIDEOTAPED VIA IN VEHICLE CAMERA, WHICH WILL BE LATER TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
