| Probable cause affidavit: |
SUBMITTED BY: BLOTZ, GEOFFREY 0752 (AR14-12985) 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(1). ON 113014 AT APPROXIMATELY 0241 HOURS, I ARRIVED ON SCENE DUE TO DEPUTY WILLIAMS (0730) REQUESTING BACK UP, DUE TO A TRAFFIC STOP THAT HE CONDUCTED ON A SILVER TOYOTA PICK UP FOR A DRIVER SIDE HEADLIGHT BEING OUT, LOCATED AT WEST EMERALD OAKS AND NORTH CITRUS AVENUE, IN CRYSTAL RIVER. UPON ARRIVAL, I APPROACHED AND MADE CONTACT WITH THE DRIVER, WHO COULD NOT PROVIDE ME WITH THE REQUESTED DRIVER'S LICENSE, PROOF OF INSURANCE, AND REGISTRATION. THE DRIVER THEN HANDED ME A DUKE ENERGY IDENTIFICATION BADGE. HE APPEARED TO BE VERY SLOW TO REACT AND HE ALSO HAD GLASSY, BLOOD SHOT EYES, AND AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. UPON BEING ASKED IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, HE STATED THAT HE HAD ENOUGH TO NOT LET HIM GO. THE DRIVER ALSO STATED THAT HE HAD BEEN AT CASTAWAYS, IN CRYSTAL RIVER. A SHORT TIME LATER AFTER A DRIVER'S LICENSE CHECK WAS COMPLETED, WHICH SHOWED HIS DRIVER'S LICENSE TO BE VALID, THE DRIVER WAS ASKED TO EXIT THE VEHICLE AND WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE TO PERFORM ROADSIDE SOBRIETY TASKS. DURING HIM WALKING THIS SHORT DISTANCE, HE WAS VERY UNSTEADY ON HIS FEET AND SWAYED LEFT TO RIGHT. 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. THIS TASK WAS EXPLAINED TO THE DEFENDANT, TO WHICH HE STATED HE UNDERSTOOD. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK. THE DEFENDANT FAILED TO PLACE HEEL TO TOE AND WAS VERY UNSTEADY ON HIS FEET, SWAYING LEFT TO RIGHT. UPON PERFORMING THE TURN TO RETURN BACK TOWARDS ME, THE DEFENDANT STATED THAT HE WAS UNABLE TO PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK. AT ONE POINT, THE DEFENDANT BACKED HIMSELF IN TO MY PATROL VEHICLE TRYING TO AIDE HIMSELF THROUGH THE TASK. I THEN ADVISED HIM TO STEP AWAY FROM THE VEHICLE. AT THAT POINT, THE DEFENDANT STATED THAT HE COULD NOT PERFORM THE TASK. AT THAT TIME, THE DEFENDANT THEN STATED THAT HE WAS DONE PERFORMING ANY TASK THAT I ASKED OF HIM. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. I ADVISED THE DEFENDANT OF HIS IMPLIED CONSENT TO THE APPROVED TEST OF HIS BREATH, WHICH HE DID NOT PROVIDE A DEFINITIVE ANSWER IF HE WOULD PROVIDE A SAMPLE. I THEN READ THE DEFENDANT HIS MIRANDA WARNING, VIA AN AGENCY PREPRINTED CARD. I ASKED HIM IF HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME, TO WHICH HE STATED NOT RIGHT NOW. THE DEFENDANTâS VEHICLE WAS TOWED BY KNIGHTLY AUTO TO THEIR IMPOUND LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT REFUSED TO GIVE A BREATH SAMPLE AND HE ALSO REFUSED TO PARTICIPATE IN ANY FURTHER SOBRIETY TASKS. THE DEFENDANT GAVE THE CORRECTION STAFF AN EXTREMELY HARD TIME DURING PROCESSING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE TRAFFIC CITATION, NUMBER 9822-XEI 1, WITH A MANDATORY COURT DATE OF 121814 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 9001-GJX 7, FOR FAILURE TO EXHIBIT DRIVER'S LICENSE ON DEMAND. THE FIELD SOBRIETY TEST WAS RECORDED AND WILL BE SUBMITTED TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
