| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR11121451) DID UNLAWFULLY DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WITHIN THE STATE OF FLORIDA, WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY CHEMICAL SUBSTANCE SET FOURTH IN S. 877.111, OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893, WHEN AFFECTED TO THE EXTENT THAT HIS NORMAL FACULTIES WERE IMPAIRED, OR WITH A BLOOD OR BREATH ALCOHOL LEVEL OF 0.08 PERCENT OR HIGHER, IN VIOLATION OF FLORIDA STATE STATUES 316.193(1) AND 316.193 (2) (A). ON 062511, I RESPONDED TO 5297 SOUTH CHEROKEE WAY IN HOMOSASSA, FLORIDA, TO ASSIST DEPUTY BONURA ON A TRAFFIC STOP HE CONDUCTED. UPON MY ARRIVAL, DEPUTY BONURA ADVISED ME THAT THE DEFENDANT, MR JIMMY DOOLITTLE KELLY II, WAS DRIVING HIS 1999 DODGE RAM TRUCK IN THE PARKING LOT OF THE HOMOSASSA RESORT. HE STATED THAT AS THE DEFENDANT PASSED BY A PARKED VEHICLE HE STRUCK IT WITH HIS PASSENGER'S DOOR AGAINST THE HITCH OF THE OTHER VEHICLE. DEPUTY BONURA THEN INFORMED ME THAT THE DEFENDANT ATTEMPTED TO GET AWAY DRIVING ANOTHER 50 FEET AWAY BEFORE HE WAS ABLE TO STOP HIM. HE STATED THAT AS HE MADE CONTACT WITH THE DEFENDANT HE COULD SMELL A STRONG ODOR OF ALCOHOL. DEPUTY BONURA THEN STATED THAT THERE WAS LITTLE TO NO DAMAGE ON THE OTHER TRUCK AND THE DEFENDANT'S TRUCK HAD MINOR DAMAGE. NEITHER DRIVER WANTED A CRASH REPORT. I THEN SPOKE TO DEPUTY CALLAHAN WHO ALSO WITNESSED THE DEFENDANT DRIVING. HE STATED THAT HE HAD ALMOST STRUCK A SMALL CHILD IN THE PARKING LOT ABOUT THE SAME TIME THE DEFENDANT STRUCK THE OTHER TRUCK'S HITCH. AT THIS TIME, I MADE CONTACT WITH THE DEFENDANT, MR JIMMY DOOLITTLE KELLY II, WHO WAS SITTING ON THE TAILGATE OF HIS TRUCK. AS I ASKED HIM HIS NAME, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AS I WAS LESS THAN A FOOT AWAY FROM HIM. I ASKED HIM WHAT HAD HAPPENED AND HE STATED THAT HE STRUCK THE OTHER TRUCK'S HITCH. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TO WHICH HE STATED THAT HE HAD A SIX PACK. AT THIS TIME, I ASKED THE DEFENDANT IF HE WOULD PERFORM SOME FIELD SOBRIETY TASKS TO WHICH HE STATED YES HE WOULD. AT THIS TIME, I ASKED HIM TO GET OFF OF HIS TAILGATE AND STEP FORWARD ONTO THE ASPHALT. I AGAIN ASKED THE DEFENDANT JIMMY KELLY IF HE HAD ANY MEDICAL CONDITIONS THAT WOULD PREVENT HIM FROM COMPLETING THE TASKS TO WHICH HE STATED NO. AS I WAS SPEAKING TO HIM, HE HAD A VISIBLE SWAY. HIS EYES WERE BLOODSHOT AND HIS CLOTHING APPEARED TO BE IN DISARRAY. PRIOR TO STARTING THE TASKS, I ASKED THE DEFENDANT JIMMY KELLY IF HE HAD ANY MEDICAL CONDITIONS OR PROBLEMS WITH HIS LEGS TO WHICH HE STATED NO. I ALSO ASKED HIM WHAT HIS LEVEL OF EDUCATION WAS AND HE STATED 11TH GRADE. I ASKED HIM IF HE KNEW HIS ABC'S TO WHICH HE STATED YES. TASK ONE: HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT JIMMY DOOLITTLE KELLY II HAD NO PROBLEMS WITH HIS EYES AND THAT HE DID NOT WEAR CORRECTIVE LENSES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT DURING THIS TASK ALSO COULD NOT FOLLOW DIRECTIONS DUE TO THE FACT HE WOULD MOVE HIS HEAD TO FOLLOW THE STIMULUS PEN AND WAS SWAYING. TASK TWO: WALK AND TURN. PRIOR TO PERFORMING THE TASK, THE DEFENDANT JIMMY KELLY WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTAND THEM. THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS. HE WAS ASKED TO PLACE HIS LEFT FOOT IN FRONT OF HIS RIGHT FOOT. WHILE WALKING, THE DEFENDANT USED HIS ARMS FOR BALANCE DURING THE ENTIRE TASK. HE WAS ALSO SWAYING AND WHEN HE ROTATED AFTER STEP NINE, HE LOST HIS BALANCE AND ALMOST FELL TAKING THREE STEPS BACKWARDS. COMING BACK DOWN THE LINE, THE DEFENDANT DID NOT COUNT OUT LOUD AS STATED IN THE INSTRUCTIONS AND HE AGAIN USED HIS ARMS FOR BALANCE AND WAS SWAYING. TASK THREE: ONE LEG STAND. THE DEFENDANT JIMMY KELLY WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT RAISED HIS RIGHT LEG AND STARTED TO COUNT OUT LOUD. WHEN HE GOT TO NUMBER SEVEN, HE PUT HIS LEG DOWN. HE RAISED IT AND BEGAN COUNTING AGAIN. HE PUT IT DOWN ON NUMBER TEN AND RAISED HIS LEFT ARM ALMOST SHOULDER HEIGHT. HE THEN PUT IT DOWN ON NUMBER 11 AND RAISED HIS RIGHT ARM. ON NUMBER 12, HE PUT IT DOWN AND RAISED BOTH ARMS. HE CONTINUED COUNTING TO NUMBER 16 WHERE HE PUT HIS FOOT DOWN TWICE RAISING BOTH ARMS. HE THEN CONTINUED COUNTING TO NUMBER 24 WHERE HE STARTED SWAYING AND THEN FINISHED THE TASK. TASK FOUR: FINGER TO NOSE. PRIOR TO PERFORMING THE TASK, THE DEFENDANT JIMMY KELLY WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. HE WAS VISIBLY SWAYING WHILE PERFORMING THE TASK AND DID NOT POINT STRAIGHT OUT IN FRONT OF HIM PRIOR TO TOUCHING HIS NOSE OR AFTER TOUCHING HIS NOSE BEFORE POINTING HIS HAND BACK OUT TO THE SIDE ON ANY OF THE ATTEMPTS. THE DEFENDANT ALSO DID NOT SLIGHTLY TILT HIS HEAD BACK. HE WAS ASKED TO START WITH HIS LEFT FINGER AND AS HE BROUGHT IT TO HIS NOSE HE MISSED THE TIP. I THEN ASKED HIM TO DO HIS RIGHT FINGER. HE AGAIN MISSED HIS FINGER TOUCHING THE SIDE OF HIS NOSE. THEN I ASKED HIM TO DO THE LEFT FINGER, AGAIN HE MISSED HIS NOSE TOUCHING THE SIDE. THEN I ASKED HIM TO DO HIS RIGHT FINGER, THIS TIME HE TOUCHED UNDER HIS NOSE. I THEN ASKED HIM TO DO HIS RIGHT FINGER. HE STARTED TO DO HIS LEFT THEN SWITCHED TO HIS RIGHT. THIS TIME HE TOUCHED THE SIDE OF HIS NOSE. I THEN ASKED HIM TO DO HIS LEFT AND HE WAS ABLE TO TOUCH THE TIP OF HIS NOSE. TASK FIVE: RHOMBERG RECITATION. PRIOR TO PERFORMING THE TASK, I ASKED THE DEFENDANT JIMMY KELLY IF HE KNEW HIS ABC'S TO WHICH HE STATED YES. I EXPLAINED THE INSTRUCTIONS TO HIM AND ASKED HIM TO RECITE THE ALPHABET FROM BEGINNING TO END IN A NON-RYTHMANIC MANNER, WHICH MEANT DO NOT RHYTHM IT OR SIGN IT, TO JUST SIMPLY SAY IT. HE STATED THAT HE UNDERSTOOD. WHILE PERFORMING THE TASK, HE WAS SWAYING. THE DEFENDANT PERFORMED THE TASK CORRECTLY UNTIL HE GOT TO THE LETTER "W". HE THEN STATED W, X, L, M, Y, Z. AT THIS TIME, I HAD THE DEFENDANT STEP IN FRONT OF MY PATROL VEHICLE. I THEN INFORMED HIM THAT I WAS PLACING HIM UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND HANDCUFFED HIM BEHIND HIS BACK AND DOUBLE LOCKED THE HANDCUFFS. HE WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT JIMMY DOOLITTLE KELLY II WAS THEN READ HIS IMPLIED CONSENT WARNINGS FROM A PRE-PRINTED TEXT. HE STATED THAT HE UNDERSTOOD AND AGREED TO SUBMIT A BREATHALYZER AT THE CITRUS COUNTY DETENTION FACILITY. AT THIS TIME, THE DEFENDANT JIMMY KELLY WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS BOOKED AND PROCESSED. WHILE AT THE DETENTION FACILITY, THE DEFENDANT WAS ADMINISTERED A BREATHALYZER TEST BY THE DETENTION FACILITY PERSONNEL AND THE RESULTS WERE A .204 AND .208. THE DEFENDANT'S BOND PER THE BOND SCHEDULE WAS AS FOLLOWS: DRIVING UNDER THE INFLUENCE 1ST OFFENSE- $500.00. THE DEFENDANT JIMMY KELLY WAS ALSO ISSUED THE FOLLOWING FLORIDA DUI UNIFORM TRAFFIC CITATION 8718-XBG-X FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT DATE OF 071411 AT THE CITRUS COUNTY COURTHOUSE AT 1300 HOURS. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
