| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JEFFREY 1657 (FHP)(AR 14-12614) 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. 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, AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT DAMAGED A 2004 TOYOTA PICKUP TRUCK, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 103114 AT 2040 HOURS, IN CITRUS COUNTY FLORIDA, THE DEFENDANT DID UNLAWFULLY OPERATE A MOTOR VEHICLE, A 2004 TOYOTA, SILVER IN COLOR, BEARING FLORIDA TAG 09XUW, IN VIOLATION OF FLORIDA STATUE 316.193. THE DEFENDANT WAS INVOLVED IN A MOTOR VEHICLE CRASH AND HE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, BLOOD SHOT/WATERY EYES, AND POOR BALANCE TO THE EXTENT THAT HIS NORMAL FACULTIES WERE IMPAIRED. THE DEFENDANT WAS GIVEN THE OPPORTUNITY TO PERFORM A STANDARDIZED FIELD SOBRIETY EVALUATION (SFSE). THE DEFENDANT BEGAN THE FIELD SOBRIETY EVALUATION AND THEN STATED THAT HE COULD NOT DO THEM. AT THE CONCLUSION OF THESE EVALUATIONS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS VERBALLY INFORMED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE SFSE, WHICH WERE ADMINISTERED ARE AS FOLLOWS: THE FIRST SFSE WAS THE HORIZONTAL GAZE NYSTAGMUS. 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. THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS BY MOVING HIS HEAD MULTIPLE TIMES. THE SECOND SFSE ATTEMPTED BY THE DEFENDANT WAS THE WALK AND TURN. THE DEFENDANT WAS UNABLE TO MAINTAIN BALANCE DURING INSTRUCTIONS AND HE FAILED TO FOLLOW INSTRUCTIONS BY STANDING WITH HIS FEET SIDE BY SIDE. THE DEFENDANT THEN STATED THAT HE COULD NOT DO THAT. THE THIRD SFSE WAS THE ONE LEG STAND, TO WHICH THE DEFENDANT REFUSED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE, AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS GIVEN A CHANCE TO TAKE A BREATHE TEST AT THE CITRUS COUNTY DETENTION FACILITY TO DETERMINE HIS BLOOD ALCOHOL CONTENT, TO WHICH HE REFUSED. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE AND ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY OF PERSON OF ANOTHER. THE DEFENDANTâS BOND WAS SET AT $1000.00, PER THE BOND SCHEDULE. |
