| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR10115228) 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 0606010 AT APPROXIMATELY 0444 HOURS, I WAS TRAVELING SOUTHBOUND ON US HIGHWAY 19 IN THE AREA OF OZELLO. I OBSERVED A SMALL PICKUP TRUCK TRAVELING NORTHBOUND IN THE SAME GENERAL AREA WITH ONLY ITS PARKING LIGHTS ON. AT THAT TIME, I TURNED AROUND ON SAID VEHICLE AND CONDUCTED A TRAFFIC STOP WITH THE USE OF MY EMERGENCY EQUIPMENT. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS MR JESSE IRELAND, WHERE I DETECTED A STRONG ODOR OF ALCOHOL EMITTING FROM THE VEHICLE. THE DRIVER WAS BARLEY ABLE TO HOLD HIS HEAD UP AND LOOK AT ME. HIS EYES WERE ALSO GLOSSY AND BLOODSHOT. THE DRIVER'S SPEECH WAS SLURRED AND HIS MOVEMENTS WERE SLOW. I ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. HE COULD NOT PROVIDE ME WITH ANY OF THE INFORMATION THAT I HAD REQUESTED. AT THAT TIME, THE DRIVER STATED TO MYSELF THAT HE HAD "FUCKED UP," AND HE WAS DRUNK. I ASKED THE DRIVER HOW MUCH HE BELIEVED HE DRANK THAT EVENING AND HE STATED, "WAY TOO MUCH." AT THAT TIME, I ASKED THE DRIVER TO STEP FROM HIS VEHICLE AND PERFORM FIELD SOBRIETY. ALSO DO TO OUR LOCATION I REQUESTED THE ASSISTANCE OF DEPUTY SULLIVAN TO OBSERVE TRAFFIC WHILE I WAS PERFORMING FIELD SOBRIETY. 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. 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 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. HE HAD TROUBLE FOLLOWING THE PEN WITHOUT MOVING HIS HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE AND TOOK APPROXIMATELY FOUR STEPS AND THEN REFUSED TO CONTINUE ON WITH THE TASK BY STATING HE WAS TOO DRUNK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE AND CONTINUOUSLY PUT HIS FOOT DOWN TO MAINTAIN HIS BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PLACE HIS FINGER PROPERLY ON THE TIP OF HIS NOSE. THE DEFENDANT DID NOT RECOVER ON HIS OWN, AFTER EXPLAINING SEVERAL TIMES FOR HIM TO DO SO. THE DEFENDANT SWAYED AND WAS UNSTEADY WHILE PERFORMING THIS TASK AND ALSO DID NOT KEEP HIS EYES CLOSED DURING PORTIONS OF THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE BREATHALYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .229 AND .227. 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, NUMBER 492903X3 WITH A MANDATORY COURT APPEARANCE OF 062410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING 296371B, FOR DRIVING WITH NO LIGHTS ON. *NOT-EXEMPT* |
