| Probable cause affidavit: |
SUBMITTED BY: MANN, BRIAN FHP1580 (AR12-3063) THE DEFENDANT DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED THREE OR MORE TIMES, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C) AND THE DEFENDANT 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(3)(A)(B)C(1) AND THE DEFENDANT DID UNLAWFULLY AND KNOWINGLY ATTACH TO A MOTOR VEHICLE OR MOBILE HOME, TO-WIT: A BLACK PICKUP TRUCK, A LICENSE PLATE OR VALIDATION STICKER TO THE PLATE NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IN VIOLATION OF FLORIDA STATUTE 320.261 ON 100712, I WAS DISPATCHED TO A TRAFFIC CRASH ON WEST YULEE DRIVE AND SOUTH MASON CREEK BOULEVARD IN HOMOSASSA IN CITRUS COUNTY. WHEN I ARRIVED ON SCENE, I OBSERVED A VEHICLE, A BLACK PICKUP TRUCK, WITH AN EMPTY BOAT TRAILER AND ALSO A 17 FOOT BOAT ON THE GROUND WITH RIGHT SIDE DAMAGE. I MADE CONTACT WITH THE DEFENDANT, IDENTIFIED AS MR JOEY EDWARD COFFEY. I COULD SMELL A MODERATE ODOR OF ALCOHOL EMANATING FROM THE DEFENDANTâS BREATH. THE DEFENDANTâS FACE WAS FLUSH AND HIS EYES WERE BLOODSHOT. I CONDUCTED A TRAFFIC CRASH INVESTIGATION, THEN TOLD THE DEFENDANT THAT I WAS NOW CONDUCTING AN INVESTIGATION, REFERENCE DRIVING UNDER THE INFLUENCE (DUI.) I READ THE DEFENDANT HIS MIRANDA RIGHTS, AT WHICH TIME I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL DISABILITIES THAT WOULD PREVENT HIM FROM PERFORMING THE STANDARDIZED FIELD SOBRIETY TASKS, TO WHICH HE STATED 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST BALANCE DURING THE INSTRUCTION PHASE; MISSED HEEL TO TOE ON MOST STEPS; STEPPED OFF THE LINE ON STEPS 4, 5, 8, AND 9 ON THE FIRST NINE STEPS AND WAS OFF THE LINE ON THE LAST NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CHOSE TO STAND ON HIS LEFT FOOT. THE DEFENDANT LOST BALANCE DURING THE INSTRUCTION PHASE; USED HIS ARMS FOR BALANCE DURING THE TASK; PUT HIS FOOT BACKWARD INSTEAD OF FORWARD; PUT HIS FOOT DOWN AFTER TEN SECONDS AND BEGAN THE TASK AGAIN. HE BEGAN THE TASK AGAIN, THIS TIME ON HIS RIGHT FOOT, AND AGAIN HE PUT HIS FOOT BACKWARD AND PUT HIS FOOT DOWN AFTER ONLY A FEW SECONDS. THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK AT THAT POINT. 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 THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVEâS AUTO BODY. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $20,000.00, BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 3818-XBN2, WITH A MANDATORY COURT APPEARANCE ON TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 8651-WJL8, FOR REFUSAL TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. HE WAS ISSUED UTC 9197-WIY6, FOR CARELESS DRIVING; UTC 9198-WIY7, FOR EXPIRED TAG; UTC 8647-WJL1, FOR NO TAG ON THE BOAT TRAILER; UTC 8648-WJL2, FOR ATTACHED TAG NOT ASSIGNED; UTC 8649-WLJ3, FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY THIRD OR SUBSEQUENT OFFENSE WITH A BOND OF $10,000.00, PER THE BOND SCHEDULE: AND UTC 8650-WJL7, FOR NO PROOF OF INSURANCE. |
