| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR10113311) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) ON 021410 AT APPROXIMATELY 2304 HOURS, I WAS RESPONDING TO THE AREA OF SEVEN RIVERS REGIONAL MEDICAL CENTER IN REFERENCE TO THE REPORT OF A BURGLARY TO A VEHICLE. THE WITNESS ADVISED THEY SAW A LARGE INDIVIDUAL WEARING A WHITE TEE SHIRT AND BLUE JEANS ATTEMPTING TO GET INTO MULTIPLE CARS IN THE PARKING LOT OF THE HOSPITAL. THEY ADVISED THE INDIVIDUAL DID GET IN TO A VEHICLE, THEN GOT OUT OF THE VEHICLE BUT THEN GOT INTO A GREEN FORD AND DROVE AWAY. THE WITNESS FOLLOWED BEHIND THIS INDIVIDUAL UNTIL SERGEANT (SGT) GLAZE CONDUCTED A TRAFFIC STOP ON THIS VEHICLE ON US HIGHWAY 19 APPROXIMATELY ONE MILE NORTH OF SEVEN RIVERS REGIONAL MEDICAL CENTER. UPON MY ARRIVAL, SGT GLAZE HAD THE INDIVIDUAL STANDING AT THE BACK OF THE GREEN FORD. THE INDIVIDUAL WAS WEARING A WHITE TEE SHIRT AND BLUE JEANS AND WEIGHED OVER THREE HUNDRED POUNDS. UPON MAKING CONTACT WITH THIS DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR JEREMIAH ANTHONY MORRIS, HE ADVISED HE WAS EXTREMELY INTOXICATED, THAT HE HAD BEEN DRINKING SHOTS AND TAKING PAIN KILLERS APPROXIMATELY ONE HOUR PRIOR. HE FURTHER ADVISED HE DID GET INTO ANOTHER CAR, THINKING IT WAS HIS, BUT WHEN HE REALIZED WHAT HE HAD DONE HE GOT OUT OF THAT VEHICLE. IN SPEAKING WITH THIS INDIVIDUAL, I COULD SMELL A STRONG OF ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. THE DRIVER/DEFENDANT ALSO APPEARED TO BE UNBALANCED ON HIS FEET. I ASKED THE DRIVER/DEFENDANT TO PARTICIPATE IN SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. HOWEVER, HE STATED HE KNEW HE WOULD FAIL THEM. I REPOSITIONED MY PATROL VEHICLE TO GIVE THE DRIVER/DEFENDANT A CLEAR LEVEL WALKING PATH. 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 HE WAS JUST SORE FROM A PREVIOUS CRASH. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED HE UNDERSTOOD THE INSTRUCTIONS. UPON STARTING THE TASK, THE DEFENDANT MISSED HEEL TO TOE ON EVERY STEP, FAILED TO COUNT OUT LOUD, STEPPED OFF THE LINE, RAISED HIS ARMS MORE THAN SIX INCHES TO MAINTAIN HIS BALANCE, WALKED IN EXCESS OF THE REQUIRED STEPS AND FAILED TO TURN AROUND AS DIRECTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE, PER THE DEFENDANT'S REQUEST. 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 AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 148 AND .143. 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 2214-XBGX, WITH A MANDATORY COURT APPEARANCE ON 030410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
