| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR09111244) MARK, DERA 0688 did drive or was in the actual physical control of a vehicle at a time when HIS blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused DAMAGE to another'S PROPERTY, to-wit: REAR BUMPER OF PT CRUISER, in violation of Florida Statute 316.193(3)C(1). ON 100209, DEPUTY DERA (0688) AND I WERE DISPATCHED AS AN ASSISTING UNIT FOR DEPUTY CASEY PHILLIPS, WHO WAS WORKING A TRAFFIC ACCIDENT AT SOUTH COVE WALK AND SOUTH MOONBEAM WAY. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY PHILLIPS, WHO ADVISED THIS DEPUTY OF WHAT HAD OCCURRED AT the ACCIDENT SCENE. IT WAS DETERMINED THE DEFENDANT, IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR JIMMY MATTOX, HAD RUN INTO THE BACK OF ANOTHER INDIVIDUAL ON SCENE DAMAGING THE REAR BUMPER OF THE VEHICLE. THIS DEPUTY THEN ASSISTED DEPUTY PHILLIPS AND MADE CONTACT WITH THE DEFENDANT (MR MATTOX), WHO WAS SITTING in the DRIVER'S SEAT OF HIS 2000 CHEVROLET PICKUP TRUCK PARKED NEARBY. I OBSERVED MR MATTOX TO BE VERY SLOW TO REACT, HE HAD VERY DRAGGING SPEECH, BLOOD SHOT EYES AND HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. THIS DEPUTY THEN ASKED MR MATTOX IF HE HAD, HAD ANYTHING TO DRINK, TO WHICH HE ADVISED HE DID NOT have ANYTHING TO DRINK. I THEN ASKED MR MATTOX TO EXIT THE VEHICLE AND TO WALK A SHORT DISTANCE TO A LEVEL SURFACE. AT THAT TIME, I ASKED MR MATTOX 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 HAD PREVIOUS BACK INJURY. I THEN ASKED HIM IF HE WAS ABLE TO BALANCE HIMSELF BY WALKING AND HE ADVISED HE WAS ABLE TO DO THAT. TASK ONE, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT TOOK AN INCORRECT NUMBER OF STEPS, SEVERAL TIMES HE STEPPED OFF the LINE, AND ALSO DID NOT TOUCH HEEL-TO-TOE ON EACH STEP. TASK TWO, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO COMPLETE this TASK SUCCESSFULLY. HE PUT HIS FOOT DOWN SEVERAL TIMES. TASK THREE, FINGER TO NOSE TASK: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT USED the WRONG HAND, MISSED THE TIP OF HIS NOSE MORE THAN ONCE, AND WAS NOT ABLE TO SUCCESSFULLY COMPLETE THIS TASK. TASK FOUR, ROMBERG ALPHABET: THE DEFENDANT WAS ASKED WHAT LEVEL OF SCHOOL HE HAD COMPLETED AND THE STATED TWELFTH . THE DEFENDANT ADVISED HE UNDERSTOOD THE ENGLISH LANGUAGE AND KNEW HIS ALPHABET. THE TASK WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT STATED HE UNDERSTOOD. THE DEFENDANT THEN SWAYED BACK AND FORTH SEVERAL TIMES, BUT WAS ABLE TO RECITE the ALPHABET WITHOUT PROBLEM, TWICE. TASK FIVE, HORIZONTAL GAZE NYSTAGMUS: PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE BACK OF MY PATROL VEHICLE. HE WAS ADVISED OF HIS MIRANDA RIGHTS, TO WHICH HE ADVISED HE DID NOT WANT TO CONTINUE TO SPEAK with ME. HE WAS ADVISED OF HIS IMPLIED CONSENT, TO WHICH HE ADVISED HE would PROVIDE A BREATH SAMPLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FRIEND, PER THE DEFENDANT'S REQUEST. the DEFENDANT WAS THEN TRANSPORTED to the DETENTION FACILITY FOR PROCESSING. THE DEFENDANT SUBMITTED TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .293 AND .296. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND, PER THE BOND SCHEDULE. WHILE AT DETENTION FACILITY, THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC) NUMBER 3054-XDQ, WITH MANDATORY COURT DATE OF 102209 AT 1300 HOURS. HE WAS ALSO ISSUED FLORIDA UTC NUMBER 0251-EFH, FOR CARELESS DRIVING. THERE WAS AN IN-CAR VIDEO TAKEN, WHICH WILL BE TURNED INTO EVIDENCE. *NOT-EXEMPT* |
