| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR14-9499) 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 031514, AT APPROXIMATELY 0222 HOURS, DEPUTY BONURA WAS OUT IN THE AREA OF EAST DAWSON DRIVE NEAR THE POWER LINES, WHEN HE OBSERVED A DIRT BIKE COME OFF THE POWER LINE AREA WITH NO LIGHTS ON. HE THEN CAUGHT UP WITH THE VEHICLE ON EAST DAWSON DRIVE AND ROOKS AVENUE AND THE DIRT BIKE RAN THE STOP SIGN AT THAT INTERSECTION. THE DIRT BIKE THEN TRAVELED SOUTH ON ROOKS AVENUE, WHERE IT WAS THEN PULLED OVER BY DEPUTY BONURA AT EAST THEO LANE AND ROOKS AVENUE. DEPUTY BONURA MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR MATTHEW PETERS. DEPUTY BONURA OBSERVED THAT THE DEFENDANT WAS POSSIBLY UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, WHERE HE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH AND SLOW REACTION TIME. DEPUTY BONURA CONTACTED THIS DEPUTY WHO RESPONDED TO HIS LOCATION. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT AND ASKED IF HE HAD BEEN DRINKING PREVIOUSLY, AT WHICH TIME HE ADVISED THAT HE HAD SEVERAL DRINKS, INCLUDING CANADIAN LIQUOR. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH, HE HAD A SLOW REACTION TIME AND HIS EYES WERE SLIGHTLY GLASSY AND BLOODSHOT. 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 EYES. HE ADVISED THAT HE DOES WEAR GLASSES BUT THEY WERE NOT REQUIRED ON HIS DRIVER'S LICENSE, BUT ADVISED THAT THEY SHOULD BE. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST HIS BALANCE WHILE TURNING AROUND. AT ONE POINT HE STEPPED ON HIS OWN FOOT AND TOOK AN INCORRECT NUMBER OF STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON COUNT 7, 12, 16, 19, 21 AND 24. HE HAD PROBLEMS FOLLOWING INSTRUCTIONS AND USED HIS ARMS FOR BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD A HARD TIME FOLLOWING DIRECTIONS AND AT ONE POINT STARTED TO USE THE WRONG HAND. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT ADVISED THAT THE LAST GRADE HE COMPLETED WAS THE 12TH GRADE AND HE DID KNOW THE ALPHABET. THE DEFENDANT SWAYED WHILE STANDING, RECITED THE ALPHABET EXTREMELY SLOWLY AND AT THE END HE SANG A SHORT VERSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND DID NOT HAVE A PROBLEM CONTINUING TO SPEAK 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 DIRT BIKE WAS RETURNED TO THE OWNER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 REFUSAL TRAFFIC CITATION, CITATION NUMBER, 8743XBI1, WITH A MANDATORY COURT APPEARANCE ON 041014 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE ON SCENE FIELD SOBRIETY TASKS WERE RECORDED VIA IN CAR CAMERA, A COPY OF THE VIDEO WILL BE FORWARDED TO EVIDENCE. |
