| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR11119820) 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(1) ON 031811 AT APPROXIMATELY 0137 HOURS, I WAS TRAVELING WESTBOUND ON STATE ROAD 44 IN THE AREA OF HEART PATH. WHILE TRAVELING WESTBOUND, I OBSERVED A SMALL FOUR DOOR VEHICLE TRAVELING EASTBOUND WHICH APPEARED TO BE TRAVELING ABOVE THE POSTED SPEED LIMIT. AS THE VEHICLE APPROACHED ME, I ESTIMATED THE VEHICLE'S SPEED TO BE APPROXIMATELY 60 MILES PER HOUR (MPH) IN A POSTED 45 MPH SPEED ZONE. I ACTIVATED MY RADAR UNIT AND RECEIVED A CLEAR AUDIO DOPPLER TONE AND A TARGET SPEED OF 61 MPH IN THE TARGET SPEED WINDOW. I TURNED MY PATROL VEHICLE AROUND AND ATTEMPTED TO CATCH UP AND CONDUCT A TRAFFIC STOP ON SAID VEHICLE. AS I APPROACHED SAID VEHICLE, I OBSERVED THE VEHICLE SWERVING WITHIN ITS LANE. WITH MY EMERGENCY EQUIPMENT ACTIVATED, THE DEFENDANT PULLED HIS VEHICLE OVER JUST WEST OF COUNTY ROAD 486. AS I APPROACHED THE DEFENDANT'S VEHICLE, I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. AS I BEGAN TO TALK TO THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR JEAN MAURICE EPAULE, THAT ODOR INTENSIFIED COMING FROM THE DRIVER'S BREATH. AS I LOOKED AROUND IN THE VEHICLE, I OBSERVED AN OPEN CAN OF NATURAL LIGHT BEER IN THE CUP HOLDER. I ASKED THE DRIVER/DEFENDANT IF THAT WAS HIS BEER, TO WHICH HE STATED IT WAS. I THEN ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND STAND BY MY PATROL VEHICLE. AS THE DEFENDANT EXITED THE VEHICLE, I OBSERVED THAT HE HAD JUST URINATED ON HIMSELF. WHILE THE DEFENDANT WAS OUT OF HIS VEHICLE, STANDING AT THE FRONT OF MY PATROL VEHICLE, I ALSO OBSERVED HIM TO HAVE GLASSY, BLOODSHOT EYES. I WALKED THE DEFENDANT OVER TO A CURB WHICH WAS IN A PARKING LOT OFF OF STATED ROAD 44 AND BEGAN TO LOOK FOR AN AREA TO CONDUCT FIELD SOBRIETY TASKS AND REPOSITIONED MY PATROL VEHICLE IN THE PARKING LOT OF AN UNKNOWN BUSINESS. 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 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. 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. THE DEFENDANT COULD NOT FOLLOW THE PEN WITH HIS EYES WITHOUT MOVING HIS HEAD. THE DEFENDANT SWAYED WHILE STANDING DURING THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY ON HIS FEET, USED HIS ARMS FOR BALANCE, DID NOT WALK HEEL TO TOE AND COUNTED TEN STEPS EACH TIME. WHEN ASKED WHY, HE STATED HE FELT TEN STEPS WAS BETTER THAN THE NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE. HE STARTED TO DO A WALK WITH HIGH KICKS WHICH HAD NOT BEEN IN THE INSTRUCTIONS OR DEMONSTRATION PHASE. IT WAS UNKNOWN WHY HE PERFORMED THE TASK THAT WAY. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE WHILE IN THE START POSITION, DID HIS OWN THING, USING WHATEVER ARM HE FELT LIKE USING. THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS AND SWAYED WHILE STANDING. 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 SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER. 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, CITATION NUMBER 492907X4, WITH A MANDATORY COURT APPEARANCE ON 040711 AT 1300 AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, WARNING NUMBER 306560B, FOR UNLAWFUL SPEED, 61 MPH IN A POSTED 45 MPH SPEED ZONE. THE TRAFFIC STOP WAS CAPTURED ON MY IN-CAR VIDEO WHICH WAS LATER BURNED TO A DISK AND TURNED IN TO 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* |
