| Date of birth: | Oct 1, 1959 |
| Probable cause affidavit: | SUBMITTED BY: MORTON, KEVIN 0551 (AR10114146) 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 040410 WHILE "BOLOING" FOR A RECKLESS VEHICLE TRAVELLING SOUTHBOUND ON US HIGHWAY 19, I OBSERVED THE DEFENDANT'S VEHICLE TRAVELLING SOUTHBOUND ON HIGHWAY 19, ENTER THE GRASS MEDIAN AND AT THAT TIME THE VEHICLE DID ROLL OVER. AT THAT TIME I MADE CONTACT WITH THE DRIVER WHO STATED HE LOST CONTROL OF HIS VEHICLE. I DID HAVE EMERGENCY MEDICAL SERVICES RESPOND AND the DRIVER DID REFUSE TREATMENT, STATING HE WAS FINE. I DID COMPLETE THE TRAFFIC CRASH REPORT AND DID ISSUE THE DRIVER CITATION NUMBER 1515ESH3 FOR CARELESS DRIVING. DURING THE TRAFFIC CRASH INVESTIGATION, THE DRIVER'S SPEECH WAS SLURRED, the DRIVER DID STATE TO ME THAT HE WAS COMING FROM A BAR IN CRYSTAL RIVER AND WAS IN ROUTE TO HIS HOME IN SUGARMILL WOODS. I DID SMELL WHAT I BELIEVED TO BE AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AND HIS EYES DID APPEAR TO BE GLASSY. AT THAT TIME I DID INFORM THE DRIVER THAT I HAD COMPLETED MY TRAFFIC CRASH INVESTIGATION AND WILL BE CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. 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 HAVE BLOOD PRESSURE ISSUES BUT DID NOT HAVE ANY OTHER MENTAL OR PHYSICAL DISABILITIES. AT THAT TIME I ASKED THE DEFENDANT AGAIN WHERE HE WAS COMING FROM, HE STATED HE WAS COMING FROM THE BAR IN CRYSTAL RIVER AND THAT HE HAD SEVERAL MIXED DRINKS. WHILE EXITING THE VEHICLE, THE DEFENDANT WAS UNABLE TO STAND ON HIS OWN and HAD TO LEAN AGAINST HIS VEHICLE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT 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 DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DUE TO THE DEFENDANT'S INABILITY TO STAND ON HIS OWN, NO FURTHER FIELD SOBRIETY TASKS WERE ATTEMPTED. 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 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. TO WHICH THE DEFENDANT REFUSED TO SPEAK. DEPUTY TAYLOR STAYED WITH THE DEFENDANT'S VEHICLE UNTIL DAVE'S TOWING ARRIVED TO TOW THE VEHICLE. 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 UNIFORM TRAFFIC CITATION, NUMBER 5982XDH7 WITH A MANDATORY COURT APPEARANCE OF 042210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1515ESH3, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. A COPY OF THE DRIVING UNDER THE INFLUENCE PACKET, A NOTARIZED COPY OF THE ARREST AFFIDAVIT, BOTH CITATIONS AND HIS DRIVER'S LICENSE WILL BE FORWARDED TO RECORDS. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Apr 4, 2010 |
| Booking number: | 10114146 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
