| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR09107250) 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 011809 AT 1752 HOURS, I WAS TRAVELING SOUTHBOUND ON US HIGHWAY 19 IN THE INSIDE LANE, SOUTH OF US HIGHWAY 98. THE WEATHER CONDITIONS WERE CLEAR WITH A LIGHT WIND. THE ROAD CONDITIONS WERE DRY AND THERE WERE NO KNOWN DEFECTS. I OBSERVED THREE MOTORCYCLES TRAVELING NORTH ON US HIGHWAY 19, ONE OF WHICH WAS IN THE INSIDE LANE, PASSING THE OTHER TWO. I ESTIMATED THE MOTORCYCLE'S SPEED, ACTIVATED MY FRONT RADAR ANTENNA AND OBSERVED A READING OF 72 MILES PER HOUR MPH IN A POSTED 60 MPH SPEED ZONE. AFTER THE MOTORCYCLE PASSED, I ACTIVATED MY REAR ANTENNA AND OBSERVED A READING OF 72 MPH. I TURNED AROUND AND ATTEMPTED TO CATCH UP TO THE MOTORCYCLE. EVENTUALLY, I GOT NEAR THE MOTORCYCLE JUST NORTH OF THE SUGARMILL WOODS ENTRANCE ON US HIGHWAY 19, BUT I COULD NOT CATCH UP AS THE MOTORCYCLE WAS DODGING IN AND OUT OF THE NORTHBOUND TRAFFIC. AT THAT TIME, I ACTIVATED MY EMERGENCY WARNING LIGHTS TO CLEAR TRAFFIC. I WAS FINALLY ABLE TO CATCH UP WITH THE MOTORCYCLE JUST SOUTH OF WEST CARDINAL STREET AND OBSERVED THE MOTORCYCLE PASS ANOTHER VEHICLE IN THE SAME LANE. THE MOTORCYCLE THEN TURNED RIGHT ONTO WEST CARDINAL STREET WITHOUT SIGNALING. I ACTIVATED MY SIREN AND THE MOTORCYCLE APPEARED TO SPEED UP, THEN FINALLY PULLED OVER TO THE RIGHT NEAR SNOWDONIA PATH. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR JEFFREY EDWARD CAKE, AND REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. AT THAT TIME, I OBSERVED THE DEFENDANT'S EYES TO BE WATERY AND GLASSY AND THERE WAS A SLIGHT TO MODERATE ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. THE DEFENDANT FUMBLED THROUGH HIS WALLET, PASSING OVER HIS FLORIDA DRIVER'S LICENSE SEVERAL TIMES BEFORE LOCATING IT IN A CLEAR PLASTIC-COVERED SLOT ON THE OUTSIDE OF HIS WALLET. THE DEFENDANT FINALLY LOCATED HIS DRIVER'S LICENSE, FUMBLED AND STRUGGLED WITH IT TRYING TO REMOVE IT AND THEN HANDED IT TO ME. I AGAIN ASKED THE DEFENDANT FOR HIS VEHICLE REGISTRATION. THE DEFENDANT AGAIN FUMBLED THROUGH HIS WALLET, PRODUCING SEVERAL REGISTRATIONS. THE DEFENDANT FUMBLED THROUGH THE VARIOUS REGISTRATIONS AND STARED AT THE LAST ONE. THE DEFENDANT CONTINUED TO FUMBLE THROUGH THE REGISTRATIONS BUT WAS NOT ABLE TO LOCATE THE CORRECT ONE. THE DEFENDANT PUT THE REGISTRATIONS ON THE SEAT OF HIS MOTORCYCLE. I IMMEDIATELY PICKED UP THE REGISTRATION ON THE TOP, WHICH WAS THE SAME ONE THE DEFENDANT HAD PREVIOUSLY STUDIED. THIS REGISTRATION WAS ALSO THE CORRECT ONE FOR THE VEHICLE HE WAS OPERATING. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO BEING STOPPED AND HE SAID YES. I RETURNED TO MY PATROL VEHICLE TO CONDUCT A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE, WHICH CAME BACK VALID. I MADE CONTACT WITH THE DEFENDANT AGAIN AND ASKED THE PRESCREENING QUESTIONS. 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 HAD HAD SURGERY ON HIS LEFT KNEE SEVEN TIMES AND WAS ON MEDICATIONS BUT THAT IT WOULD NOT PREVENT HIM FROM PERFORMING THE TASKS. 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. THE DEFENDANT COULD NOT FOLLOW THE STIMULUS AND MOVED HIS HEAD DURING THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON COUNTS SIX, SEVEN AND NINE ON THE FORWARD NINE STEPS AND ON COUNT NINE ON THE RETURN NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS ARMS SIX OR MORE INCHES FROM HIS SIDES FOR BALANCE, PUT HIS FOOT DOWN AT COUNT ONE, PUT HIS FOOT DOWN AT COUNT TWENTY-THREE FOR THE REMAINDER OF THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS HEAD TILTED BACK, DID NOT RETURN HIS ARM TO HIS SIDE, BUT TOUCHED THE TIP OF HIS NOSE ON ALL ATTEMPTS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) 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 TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. 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 2181-XBG, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS; CITATION NUMBER 0281-RPA, FOR UNLAWFUL SPEED, 72 MPH IN A 60 POSTED 60 MPH SPEED ZONE, AND CITATION NUMBER 0282-RPA FOR IMPROPER PASSING. *not-exempt* |
