| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11122096) 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(1). ON 080511 AT APPROXIMATELY 1458 HOURS, I WAS TRAVELLING SOUTH ON OLD FLORAL CITY ROAD IN THE AREA OF HOOKER PLACE. AT THAT TIME, I DID NOTICE A RED JEEP PASS ME TRAVELLING NORTH, AT WHICH TIME I DID SEE THAT THE FRONT WINDSHIELD HAD A TINT SCREEN PROTRUDING DOWN SEVERAL INCHES PAST THE FEDERAL AS1 LINE. AT THAT TIME, I TURNED AROUND INITIATING A TRAFFIC STOP ON THIS VEHICLE AT OLD FLORAL CITY ROAD AND GOBBLER DRIVE. UPON MAKING CONTACT WITH THE DRIVER, MR JEFFREY COLLINS, I ASKED FOR HIS APPROPRIATE DOCUMENTATION, AT WHICH TIME, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. DEPUTY CLARK ARRIVED AS BACKUP AT THAT TIME. I THEN RAN THE DEFENDANT AND COMPLETED WRITTEN WARNING NUMBER 312080B FOR HIS FRONT WINDSHIELD TINT. I THEN ASKED THE DEFENDANT TO STEP BACK TO THE FRONT OF MY PATROL VEHICLE WHERE I THEN ISSUED THIS WARNING. I ADVISED HIM THAT I DID SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND ASKED HIM IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. 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 RHOMBERG ALPHABET: THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT PERFORMED SATISFACTORILY. TASK TWO, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT ADVISED HE WAS ON THE VERGE OF NEEDING GLASSES. DURING THE FIRST ATTEMPT AT THIS TASK, THE DEFENDANT MOVED HIS HEAD ONLY. ON THE SECOND ATTEMPT AT THIS TASK THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT PERFORMED VERY UNSTEADILY. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND HE STATED THAT HE UNDERSTOOD. DURING THE FIRST TRY HE WAS ASKED TO USE RIGHT FINGER. HE TOUCHED MIDDLE OF FINGER TO THE UNDERSIDE OF HIS NOSE, DURING SECOND TRY, USING HIS RIGHT FINGER TOUCHED MIDDLE OF FINGER TO UNDERSIDE OF NOSE. DURING THIRD TRY, USING LEFT FINGER TOUCHING MIDDLE UNDERNEATH THE NOSE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. DURING THE FIRST ATTEMPT AT THIS TASK, THE DEFENDANT WAS VERY UNSTEADY AND STOPPED AT 1004. DURING SECOND TRY, HE WAS VERY UNSTEADY AND STOPPED AT 1021. DURING THIRD TRY, HE WAS VERY UNSTEADY AND STOPPED AT 1005. AT THAT TIME, I ASKED THE DEFENDANT FOR PERMISSION TO SEARCH HIS VEHICLE, TO WHICH HE GAVE HIS PERMISSION. THE DEFENDANT STATED THAT HE NEEDED SOME TIME TO CALM DOWN DUE TO THE FACT HE WAS VERY NERVOUS. AFTER COMPLETING A SEARCH OF HIS VEHICLE, I GAVE HIM A SECOND CHANCE TO PERFORM THESE TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS: DURING THIS TASK THE DEFENDANT MOVED HIS HEAD. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING THIS TASK THE DEFENDANT WAS VERY UNSTEADY AND STOPPED AT 1017. TASK THREE, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTEADY. TASK FOUR, RHOMBERG ALPHABET: THE DEFENDANT STATED HIS ABC'S UP UNTIL THE LETTER "W" AND THEN HE STATED "W", "Y", "X" AND THEN STATED, "OH, I MESSED UP" NOT COMPLETING THE ALPHABET CORRECTLY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS SECURED IN THE REAR OF MY PATROL VEHICLE. 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 STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS OVER TO MS PATRICIA VOLMAR PER THE DEFENDANT'S REQUEST. UPON ARRIVAL AT THE JAIL, THE DEFENDANT WAS TURNED OVER TO JAIL STAFF. I DID RUN THE DEFENDANT'S CRIMINAL HISTORY OUT OF NEW HAMPSHIRE SINCE HE HAD STATED HE HAD PRIOR DRIVING UNDER INFLUENCE (DUI) THERE. IT WAS FOUND ON 071905 HE WAS CONVICTED OF DRIVING WHILE INTOXICATED. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE TEST WAS ADMINISTERED BY JENIFER BUSSEY WITH THE TEST RESULTS BEING .097 AND .095. AT THAT TIME HE WAS CHARGED WITH ONE COUNT DUI WITH HIS BOND AMOUNT SET AT $500.00. A COPY OF THE IN-CAR VIDEO WILL BE TURNED IN TO EVIDENCE AND A COPY OF THE DUI PACKET WILL BE TURNED IN TO RECORDS. "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* |
