| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR08103613) 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; AND DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY OF THIS STATE WITHOUT A VALID DRIVER'S LICENSE, NEVER HAVING ONE ISSUED, IN VIOLATION OF FLORIDA STATUTE 322.03(1) ON 060708 AT 0203, I OBSERVED THE DEFENDANT DRIVING SOUTH ON US HIGHWAY 19 AT THE INTERSECTION OF US HIGHWAY 44. I DID HAVE PREVIOUS KNOWLEDGE OF THE DEFENDANT HAVING AN ACTIVE WISCONSIN WARRANT, AND I ALSO HAD KNOWLEDGE THAT THE DEFENDANT DID NOT HAVE A VALID DRIVER'S LICENSE. I CONDUCTED A TRAFFIC STOP ON THE DEFENDANT'S VEHICLE AT THE GAS STATION LOCATED AT 400 SOUTH SUNCOAST BOULEVARD, CRYSTAL RIVER, WHERE CONTACT WAS MADE WITH THE DEFENDANT. UPON APPROACHING THE VEHICLE, I COULD SMELL A STRONG ODOR OF ALCOHOL. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. I NOTICED THAT THE DEFENDANT APPEARED TO BE INTOXICATED DUE TO HIM BEING UNSTEADY ON HIS FEET, BLOODSHOT EYES, AND SLURRED SPEECH. I ASKED THE DEFENDANT TO PROVIDE A DRIVER'S LICENSE, TO WHICH HE GAVE ME A WISCONSIN DRIVER'S LICENSE NUMBER W1604337124601. DEPUTY MARSHALL ARRIVED ON SCENE TO ASSIST, AND HE STAYED WITH THE DEFENDANT WHILE I RETURNED TO MY PATROL VEHICLE TO VERIFY HIS WARRANT STATUS. CONTACT WAS AGAIN MADE WITH THE DEFENDANT. I INFORMED HIM THAT I SUSPECTED HE WAS DRIVING UNDER THE INFLUENCE. I ASKED HIM TO COMPLETE A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE AGREED. AT THIS TIME, I WAS ADVISED BY TELETYPE THAT THE WARRANT FROM WISCONSIN WAS CONFIRMED AND THAT NCIC/FCIC ONLY SHOWED THE DEFENDANT TO HOLD A VALID ID CARD OUT OF WISCONSIN. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE HAD A METAL ROD IN HIS RIGHT LEG BUT STATED THAT DID NOT AFFECT HIS BALANCE OF PREVENT HIM FROM COMPLETING THE TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. I REQUESTED THE DEFENDANT TO TOUCH THE TIP OF MY PEN, AND HE MISSED THE PEN SEVERAL TIMES. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST HIS BALANCE SEVERAL TIMES, KEPT PLACING HIS FOOT ON THE GROUND IN ORDER TO KEEP FROM FALLING. HE WAS NOT ABLE TO PERFORM THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT COMPLETE THE RIGHT NUMBER OF STEPS AND HE WAS VERY UNSTEADY, LOSING BALANCE AND STEPPING AWAY FROM THE LINE. IT SHOULD BE NOTED THAT THE STRAIGHT LINE THAT WAS PAINTED ON THE PARKING LOT OF THE GAS STATION. THE DEFENDANT WAS PLACED IN HANDCUFFS BEHIND THE BACK, DOUBLE-LOCKED, AND ADVISED THAT HE WAS BEING PLACED UNDER ARREST BECAUSE HE WAS DRIVING UNDER THE INFLUENCE. HE ALSO HAD AN ACTIVE WARRANT OUT OF WISCONSIN FOR VIOLATION OF PROBATION. UPON PLACING THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE, I RETURNED TO THE DEFENDANT'S VEHICLE TO COMPLETE A TOW SHEET FROM ADAM'S TOWING. CORPORAL BONURA ADVISED THE DEFENDANT HAD REMOVED HIS HANDCUFFS FROM BEHIND HIS BACK TO THE FRONT OF HIS BODY, AND HE HAD TO BE REMOVED FROM THE VEHICLE AND HIS HANDCUFFS WERE RE-SECURED IN THE BACK. HIS FEET WERE ALSO SECURED USING A DEPARTMENT-ISSUED TIE STRAP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY JAIL FOR BOOKING AND PROCESSING UPON ARRIVAL, THE DEFENDANT WAS ISSUED DUI CITATION NUMBER 7707-XAD FOR DRIVING UNDER THE INFLUENCE AND ALSO WAS ISSUED CITATION NUMBER 8390FIQ FOR DRIVING WITHOUT A LICENSE. HIS BOND WAS SET AT $1000.00 PER THE BOND SCHEDULE. THE DEFENDANT'S VEHICLE WAS REMOVED BY ADAMS TOWING THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. 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 FLORIDA UNIFORM TRAFFIC CITATIONS, NUMBERS 7707XD AND 8391FIQ WITH A MANDATORY COURT APPEARANCE OF 062608 AT 1 PM AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
