| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR10114433) 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 042110 AT APPROXIMATELY 2210 HOURS, DEPUTY STRICKLAND WAS CONDUCTING STATIONARY RADAR FACING SOUTHBOUND ON COUNTY ROAD 491. AT THAT TIME HE OBSERVED THE DEFENDANT TRAVELING SOUTHBOUND ON 491 IN the LEFT LANE, AT whAT APPEARED TO BE PAST the POSTED SPEED LIMIT. AS THE DEFENDANT'S VEHICLE APPROACHED DEPUTY STRICKLAND'S HE ACTIVATED THE RADAR WHICH SOUNDED WITH A CLEAR TONE FROM the AUDIO DOPPLER REVEALING THAT THE DEFENDANT WAS TRAVELING AT 70 MILES PER HOUR (MPH) IN A 40 MPH ZONE. AT THAT TIME DEPUTY STRICKLAND ACTIVATED HIS OVERHEAD LIGHTS and SIRENS AND CONDUCTED A TRAFFIC STOP. the VEHICLE CAME TO A STOP IN THE AREA OF ROOSEVELT AND MODEL WOOD. UPON MAKING CONTACT WITH the DEFENDANT, DEPUTY STRICKLAND DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, HIS SPEECH WAS SLURRED, AND HIS ACTIONS WERE VERY SLOW. AT THAT TIME, DEPUTY STRICKLAND THEN CONTACTED THIS DEPUTY AND I THEN RESPONDED. AT APPROXIMATELY 2230 HOURS, I ARRIVED ON SCENE, AND MADE CONTACT WITH THE DEFENDANT, MR JEFFERY VANDORDEN, WHO WAS STILL IN HIS VEHICLE AND HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, his SPEECH WAS SLURRED, AND HE WAS LAUGHING. I ASKED the DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING AND HE ADVISED THAT THE HAD APPROXIMATELY EIGHT BEERS. I THEN LOOKED INSIDE the VEHICLE AND DISCOVERED AN OPEN BUD LIGHT CONTAINER WHICH WAS COLD TO THE TOUCH. I ASKED the DEFENDANT IF THAT WAS HIS, AND HE STATED "IT COULD BE". I HAD THE DEFENDANT EXIT HIS VEHICLE. AS THE DEFENDANT EXITED the VEHICLE HE WAS VERY UNSTEADY ON HIS FEET AND HAD LEANED UP AGAINST THE SIDE OF HIS PICK UP TO CATCH HIS BALANCE. 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. 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. DURING THE TASK THE DEFENDANT WAS VERY UNSTEADY AND WAS SWAYING FROM FRONT TO BACK, AND HAD TO BE TOLD SEVERAL TIMES TO NOT MOVE HIS HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED APPROXIMATELY FOUR TIMES. THE DEFENDANT COULD NOT COMPREHEND THE TASK AND IT WAS DEMONSTRATED A FIFTH TIME. THE DEFENDANT THEN AGREED TO PERFORM the TASK. DURING THE TASK the DEFENDANT DID NOT TOUCH HEEL TO TOE AS INSTRUCTED. HE USED HIS ARMS TO KEEP HIS BALANCE AND STEPPED OFF THE LINE APPROXIMATELY FIVE TIMES. ON THE RETURN, THE DEFENDANT PROCEEDED TO COUNT 10, 9, 8, AND SO FORTH, AND WAS INSTRUCTED NOT TO DO SO. HE THEN RETURNED AND ATTEMPTED THE TASK AGAIN. THE DEFENDANT STILL CONTINUED STEPPING OFF THE LINE AND AT ONE TIME ADVISED HE COULD NOT DO THIS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTABLE ON HIS FEET. HE PICKED HIS FOOT UP FOR THE COUNT OF ONE AND PUT IT DOWN, AND ADVISED HE WAS NOT GOING TO DO THIS TASK. 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. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO PRECISION TOWING. 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 7235-XAD7 WITH A MANDATORY COURT APPEARANCE OF, 050610 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0051-FYAX, FOR HAVING AN OPEN CONTAINER BY THE DRIVER WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ISSUED A CITATION BY DEPUTY STRICKLAND FOR 70 MPH IN A 40 MPH ZONE WHICH HAD A MANDATORY COURT appearance OF, 050610 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. *NOT-EXEMPT* |
