Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR373) THE DEFENDANT 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 031912 AT 2145 HOURS, I WAS DISPATCHED TO A TRAFFIC CRASH AT SOUTH APOPKA AVENUE AND EAST WAVERLY STREET IN INVERNESS. WHILE EN ROUTE, DISPATCH ADVISED THAT THE SUBJECT WAS A WHITE MALE WITH SHORT BLONDE HAIR, WEARING A DARK SHIRT AND TAN SHORTS, LAST SEEN RUNNING EAST ON EAST WAVERLY STREET. THE WEATHER CONDITIONS WERE CLEAR WITH LITTLE OR NO WIND AND THE ROAD WAS DRY WITH NO OBVIOUS DEFECTS. UPON ARRIVAL, I OBSERVED A GRAY HONDA IN A DITCH ON THE SOUTHEAST CORNER OF SOUTH APOPKA AVENUE AND EAST WAVERLY STREET. I CONTINUED DRIVING DOWN EAST WAVERLY STREET AND OBSERVED THE DEFENDANT, MR JEFFREY JAMES MATTHEWS, RUNNING, THEN WALKING ON EAST WAVERLY STREET NEAR ALDEN STREET. I OBSERVED THAT MR MATTHEWS APPEARED TO BE USING A CELLULAR TELEPHONE WITH HIS RIGHT HAND. AS I APPROACHED MR MATTHEWS, I ACTIVATED MY EMERGENCY LIGHTS AND MY SPOTLIGHT. I EXITED MY PATROL VEHICLE AND INSTRUCTED MR MATTHEWS, IN A CLEAR LOUD MANNER, TO STOP AND I IDENTIFIED MYSELF AS A DEPUTY SHERIFF. MR MATTHEWS BRIEFLY CONTINUED WALKING AWAY FROM ME, THEN STOPPED. WHEN MR MATTHEWS TURNED AROUND, IT APPEARED THAT HE WAS TRYING TO PUT HIS LEFT HAND IN THE LEFT FRONT POCKET OF HIS SHORTS. I INSTRUCTED MR MATTHEWS SEVERAL TIMES TO TAKE HIS HAND OUT OF HIS POCKET. WHILE GIVING THESE INSTRUCTIONS, I DREW AND ACTIVATED MY AGENCY ISSUED TASER AND POINTED IT AT MR MATTHEWS’ CHEST. I INSTRUCTED MR MATTHEWS TO PLACE HIS HANDS ON HIS HEAD AND TURN AROUND. MR MATTHEWS COMPLIED WITH MY INSTRUCTIONS AND I HOLSTERED MY TASER. I THEN PATTED MR MATTHEWS DOWN AND ASKED HIM WHAT WAS GOING ON TONIGHT. MR MATTHEWS STATED HE WAS TRYING TO GET HOME. WHILE SPEAKING WITH MR MATTHEWS I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON; HIS EYES WERE WATERY AND GLASSY; AND HIS SPEECH WAS SLURRED AND THICK-TONGUED. I ALSO OBSERVED THAT MR MATTHEWS WAS UNSTEADY IN HIS MOVEMENTS. I ASKED MR MATTHEWS WHERE HIS CAR WAS LOCATED AND HE REPLIED AT THE END OF THE STREET. I ASKED MR MATTHEWS TO PROVIDE HIS DRIVER’S LICENSE. WHILE MR MATTHEWS WAS RETRIEVING HIS DRIVER’S LICENSE, I OBSERVED HIM FUMBLING WITH HIS WALLET. I ALSO OBSERVED A CAR KEY FALL OUT OF HIS WALLET AND ON TO THE GROUND. I INSTRUCTED MR MATTHEWS TO STEP BACK AND I RETRIEVED THE KEY. I THEN PLACED MR MATTHEWS IN THE REAR SEAT OF MY PATROL VEHICLE TO BRING HIM BACK TO THE LOCATION OF THE CRASH. UPON ARRIVAL AT THE LOCATION OF THE CRASH, I OBSERVED THAT THE KEY MR MATTHEWS HAD DROPPED BELONGED TO THE VEHICLE INVOLVED IN THE CRASH. A COMPUTER CHECK OF THE VEHICLE SHOWED THAT THE CRASHED VEHICLE BELONGED TO MR MATTHEWS. DURING MY CRASH INVESTIGATION, I OBSERVED AN EMPTY, COLD TO THE TOUCH, CAN OF BUSH LIGHT BEER IN FRONT OF THE VEHICLE AND AN EMPTY, COLD TO THE TOUCH, CAN OF BUDWEISER BEER TO THE RIGHT OF THE VEHICLE. I COMPLETED MY TRAFFIC CRASH INVESTIGATION AND INFORMED MR MATTHEWS THAT I WAS NOW CONDUCTING AN INVESTIGATION, REFERENCE DRIVING UNDER THE INFLUENCE (DUI.) PRIOR TO PERFORMING ANY TASKS, I ASKED MR MATTHEWS 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 MR MATTHEWS 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MATTHEWS. DURING THIS TASK, MR MATTHEWS LOST HIS BALANCE DURING THE INSTRUCTION PHASE, STARTED BEFORE BEING TOLD TO DO SO, DID NOT TOUCH HEEL TO TOE ON STEP TWO, DID AN IMPROPER TURN AND NEARLY LOST HIS BALANCE, DID NOT TOUCH HEEL TO TOE ON STEPS THREE AND FIVE, STEPPED OFF THE LINE AT STEP SIX, LOST BALANCE AT STEP SIX, AND TOOK THE WRONG NUMBER OF STEPS; TWELVE INSTEAD OF NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MATTHEWS. DURING THIS TASK, MR MATTHEWS PUT HIS FOOT DOWN ON COUNT ONE, HOPPED DURING THE TASK AND COULD NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR MATTHEWS. DURING THIS TASK, MR MATTHEWS USED HIS LEFT FINGER AND TOUCHED HIS LEFT NOSTRIL; USED HIS RIGHT FINGER AND TOUCHED HIS RIGHT NOSTRIL; US HIS LEFT FINGER AND TOUCHED HIS LEFT NOSTRIL; USED HIS RIGHT FINGER AND TOUCHED HIS RIGHT NOSTRIL, USED HIS RIGHT FINGER AND TOUCHED HIS RIGHT NOSTRIL, AND USED HIS LEFT FINGER AND TOUCHED HIS LEFT NOSTRIL. AT THAT TIME, MR MATTHEWS WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, MR MATTHEWS’ VEHICLE WAS TOWED BY TONY’S COLLISION. MR MATTHEWS WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO CORRECTION’S OFFICER RHODE. MR MATTHEWS AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .324 AND .327. MR MATTHEWS WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. MR MATTHEWS WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7165-XGA3, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE AT THE CITRUS COUNTY COURTHOUSE. MR MATTHEWS WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6880-WLQX, FOR FAILURE TO DRIVE IN A SINGLE LANE, IN VIOLATION OF FLORIDA STATE STATUTE 316.089(1.) HE WAS ISSUED CITATION NUMBER 6881-WLQ1, FOR NO PROOF OF INSURANCE, IN VIOLATION OF FLORIDA STATE STATUTE 316.646(1) AND CITATION NUMBER 6882-WLQ2, FOR FAILURE TO REPORT A TRAFFIC CRASH WITH AT LEAST FIVE HUNDRED DOLLARS IN DAMAGES. A COPY OF THE IN-CAR VIDEO WAS BURNED TO A DISK AND LATER TURNED IN TO EVIDENCE ALONG WITH A PROPERTY RECEIPT. |