| Probable cause affidavit: |
SUBMITTED BY: ARNOLD, RODNEY 1282 (AR14-11329) (14-102203) 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 072614 AT APPROXIMATELY 0229 HOURS, I WAS DISPATCHED TO THE RACETRAC LOCATED AT 3861 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA TO ASSIST DEPUTY VIGGIANO WITH A POSSIBLE DRIVING UNDER THE INFLUENCE INVESTIGATION. UPON ARRIVAL, DEPUTY VIGGIANO INFORMED ME HE HAD CONDUCTED A TRAFFIC STOP ON A WHITE IN COLOR, 2008 TOYOTA, FOUR-DOOR PASSENGER VEHICLE, BEARING TEXAS LICENSE PLATE BS2T517, FOR FAILURE TO MAINTAIN A SINGLE LANE. DEPUTY VIGGIANO ADVISED THE VEHICLE HAD BEEN TRAVELING SOUTHBOUND ON SUNCOAST BOULEVARD IN THE INSIDE LANE TRAVELING AT 20 MILES PER HOUR (MPH) IN A POSTED 45 MPH ZONE. DEPUTY VIGGIANO ADVISED HE THEN BEGAN OBSERVING THE DRIVER'S DRIVING PATTERN, WHICH THE DRIVER FAILED TO MAINTENANCE A SINGLE LANE FOR OVER A HALF A MILE. DEPUTY VIGGIANO ADVISED AFTER CONDUCTING THE TRAFFIC STOP ON THE AFOREMENTIONED VEHICLE, HE MADE CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED VIA TEXAS DRIVER'S LICENSE AS MR ROY JEREMY TODD, THE DEFENDANT. DEPUTY VIGGIANO SAID THE DEFENDANT HAD SLURRED SPEECH AND HE SMELLED THE ODOR OF ALCOHOLIC BEVERAGES EMITTING FROM THE DEFENDANT'S BREATH AND BODY. DEPUTY VIGGIANO ADVISED THE DEFENDANT APPEARED TO BE UNDER THE INFLUENCE TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED. I NEXT MADE CONTACT WITH THE DEFENDANT, WHO WAS LEANING UP AGAINST THE DOOR OF HIS 2008 TOYOTA. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED THE ODOR OF ALCOHOLIC BEVERAGES EMITTING FROM HIS BREATH AND BODY. I OBSERVED THE DEFENDANT HAD BLOODSHOT, WATERY EYES AND SLURRED SPEECH. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, AT WHICH TIME HE STATED, "YES, I HAVE BEEN DRINKING SINCE 10PM TONIGHT." THE DEFENDANT THEN STATED "I'M NOT GOING TO LIE, I HAD TOO MUCH TO DRINK". I REQUESTED THE DEFENDANT TO SUBMIT TO FIELD SOBRIETY TASKS, AT WHICH TIME HE STATED, "I ALREADY TOLD THE DEPUTIES I WOULD COOPERATE, I AM DRUNK." 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. THE RESULTS WERE AS FOLLOWS: 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. 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. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DURING THE INSTRUCTIONAL PHASE, STEPPED OFF THE LINE TO KEEP FROM FALLING THREE SEPARATE TIMES. AFTER THE FIRST TIME, THE DEFENDANT IMMEDIATELY STATED "I CAN'T DO THIS, I CAN'T KEEP MY BALANCE." DURING THE REST OF THE TASK THE DEFENDANT USED HIS ARMS FOR BALANCE. AS HE WAS WALKING, THE DEFENDANT TOOK 10 STEPS AND DID NOT TOUCH HEEL TO TOE ON STEPS 2, 3, 5, 6, 8 AND 9. ON STEPS 4, 5, AND 7 THE DEFENDANT STEPPED OFF THE LINE. DURING THE NEXT SET OF STEPS, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ON ALL NINE STEPS AND AGAIN USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD DIFFICULTY MAINTAINING HIS BALANCE AND HOPPED ON HIS RIGHT FOOT IN AN ATTEMPT TO BALANCE HIMSELF. THE DEFENDANT RAISED HIS ARMS MORE THAN SIX INCHES TO MAINTAIN HIS BALANCE . THE DEFENDANT PLACED HIS FOOT DOWN THREE SEPARATE TIMES IN ORDER TO MAINTAIN HIS BALANCE AND HAD TO BE REMINDED TO CONTINUE THE TASK. AFTER PLACING HIS FOOT DOWN FOR THE THIRD TIME AND ALMOST FALLING, I ADVISED THE DEFENDANT TO STOP THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOUCHED THE SIDE OF HIS NOSE WITH HIS RIGHT INDEX FINGER TWICE AND NEVER TOUCHED HIS NOSE ON THE THIRD ATTEMPT. WHILE USING HIS LEFT HAND DURING THE TASK, THE DEFENDANT ON ALL THREE ATTEMPTS TOUCHED THE TOP OF HIS NOSE. THE DEFENDANT ALSO DID NOT KEEP HIS EYES CLOSED AND WAS REMINDED TWICE TO KEEP THEM SHUT. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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 STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT SECURED AT THE LOCATION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9939XEI WITH A MANDATORY COURT APPEARANCE OF 082114 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7152-FRY, FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
