| Probable cause affidavit: |
SUBMITTED BY: SKINNER, RODNEY 0563 (AR11123107) ON 101111 AT APPROXIMATELY 2327 HOURS, I WAS PATROLLING THE AREA OF US HIGHWAY 41 SOUTH NEAR THE INTERSECTION OF FORT COOPER ROAD WHEN I OBSERVED A BLACK KIA FOUR DOOR PASSENGER VEHICLE TRAVELING NORTHBOUND AT A HIGH RATE OF SPEED, WELL ABOVE THE POSTED SPEED LIMIT OF 45 MILES PER HOUR. I ESTIMATED THE VEHICLE WAS TRAVELING ABOUT 85 MILES PER HOUR IN THE 45 MPH SPEED LIMIT ZONE. I ACTIVATED MY DECATUR GENESIS RADAR UNIT AND RECEIVED A CONSISTENT HIGH DOPPLER TONE WITH TARGET SPEED INDICATING 80 MILES PER HOUR. I INITIATED A TRAFFIC STOP ON THE VEHICLE UTILIZING ALL EMERGENCY EQUIPMENT AND THE VEHICLE MADE A U-TURN THEN STARTED TRAVELING SOUTHBOUND. THE VEHICLE THEN MADE A RIGHT TURN INTO THE PARKING LOT OF THE CITRUS COUNTY AUDITORIUM WHERE IT CAME TO A STOP. I MADE CONTACT WITH THE DRIVER/DEFENDANT JAY STRATTON AND ASKED HIM FOR HIS DRIVER LICENSE, PROOF OF INSURANCE, AND REGISTRATION WHICH HE FUMBLED THROUGH SOME PAPERS FOR SEVERAL MINUTES BEFORE HE THEN PRODUCED ALL DOCUMENTS. I EXPLAINED TO MR STRATTON WHY HE WAS STOPPED AND ASKED HIM WHY HIS SPEED WAS VERY EXCESSIVE. MR STRATTON STATED HE WAS JUST IN A HURRY TO GET HOME. I ASKED MR STRATTON IF HE WAS HEADED HOME TO SPRING HILL WHICH HE REPLIED YES I AM. I INFORMED MR STRATTON THAT HE WAS CLOCKED AT 80 MILES PER HOUR, HEADED NORTHBOUND WHICH IS IN THE OPPOSITE DIRECTION OF SPRING HILL. MR STRATTON STATED THAT HE WAS COMING FROM TAMPA, AND THEN HE ADVISED ORLANDO. I ASKED MR STRATTON IF HE KNEW WHAT COUNTY HE WAS IN AND HE DID NOT KNOW. I EXPLAINED TO MR STRATTON THAT HE WAS IN CITRUS COUNTY AND HE REPLIED THAT HE DID NOT KNOW WHERE THAT WAS. MR STRATTON APPEARED TO BE CONFUSED AND DISORIENTED. WHILE SPEAKING WITH MR STRATTON I NOTICED THAT HIS SPEECH WAS SLIGHTLY SLURRED AND HIS EYES WERE RED AND GLASSY. I COULD DETECT A STRONG ODOR OF ALCOHOLIC BEVERAGE ON HIS BREATH. I ASKED MR STRATTON HOW MUCH HE HAD TO DRINK AND HE REPLIED THAT HE HAD ABOUT THREE GLASSES OF VODKA AND HIS LAST DRINK WAS AT ABOUT 2200 HOURS. I HAD MR STRATTON STEP IN FRONT OF MY PATROL VEHICLE WHERE THE SURFACE WAS ASPHALT WHICH WAS SMOOTH AND EVEN. I ASKED MR STRATTON IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD PREVENT HIM FROM PERFORMING ANY TASKS TO WHICH HE STATED NO. 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, THE DEFENDANT HAD LACK OF SMOOTH PURSUIT IN BOTH EYES AND ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN BOTH EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK MANY STEPS ON THE FIRST NINE AND SECOND NINE STEPS. THE DEFENDANT TOOK TEN STEPS. THE DEFENDANT DID NOT MAKE THE CORRECT TURN AS INSTRUCTED. HE STEPPED OFF THE LINE AND FAILED TO KEEP HIS ARMS AT HIS SIDE AT ALL TIMES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT COUNT OUT LOUD UNTIL HE REACHED THE COUNT OF SEVEN. THE DEFENDANT PUT HIS FOOT DOWN ON THE COUNT OF SEVENTEEN AND AGAIN ON THE COUNT OF THIRTY, PRIOR TO ME TELLING HIM THE TASK WAS COMPLETED. THE DEFENDANT ALSO FELL BACKWARDS IN TO THE VEHICLE ON THE COUNT OF 30. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE MR STRATTON REQUESTED HIS VEHICLE BE SECURED AND LEFT AT THE SCENE. MR STRATTON WAS TRANSPORTED TO THE CITRUS COUN TY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT WARNING AND MIRANDA WARNINGS BY OFFICER FARRIS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TESTING OF HIS BREATH WITH THE TEST RESULTS BEING .178 AND .192. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 4493XDX2 FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT DATE OF 102711 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8616FRY4 FOR UNLAWFUL SPEED 80/45 WITH A MANDATORY COURT DATE OF 102711 AT 1300 HOURS. THE DEFENDANT BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE DEFENDANT STATED AT THE JAIL THAT HE WAS PREVIOUSLY ARRESTED AND CONVICTED FOR DRIVING UNDER THE INFLUENCE IN 2008 IN NORTH CAROLINA, HOWEVER A NCIC CHECK REVEALED NO RECORD. ALL PAPERWORK WAS LATER TURNED INTO RECORDS. THE VIDEO OF THE TRAFFIC STOP WAS DOWNLOADED TO DVD AND PACKAGED AND LATER TURNED INTO EVIDENCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
