| Probable cause affidavit: |
SUBMITTED BY: CRAMER, TIMOTHY FHP2628 (AR10115578) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) ON 062810, I WAS TRAVELING SOUTHBOUND ON US HIGHWAY 19 WHEN I OBSERVED THE DEFENDANT'S VEHICLE IN FRONT OF ME IN THE LEFT HAND LANE, ALSO TRAVELING SOUTHBOUND. THE VEHICLE WAS UNABLE TO MAINTAIN HIS LANE OF TRAVEL AND CROSSED OVER IN TO THE RIGHT HAND LANE SEVERAL TIMES. I ALSO PACE-CLOCKED THE VEHICLE FLUCTUATING BETWEEN 40 MILES PER HOUR (MPH) AND 70 MPH IN A POSTED 55 MPH SPEED ZONE. I CONDUCTED A TRAFFIC STOP ON US 19 SOUTHBOUND NEAR WEST YULEE DRIVE. UPON INITIAL CONTACT WITH THE DRIVER/DEFENDANT, I OBTAINED HIS FLORIDA DRIVER'S LICENSE WHICH IDENTIFIED HIM AS MR JOHN BIANCHI, AND EXPLAINED TO HIM THAT HE WAS BEING STOPPED FOR SPEEDING AND FOR BEING UNABLE TO MAINTAIN A SINGLE LANE. THE DEFENDANT STATED HE WAS JUST TRYING TO GET HOME AND THAT HE LIVED AROUND THE CORNER. AT THAT TIME, I SMELLED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS FACIAL AREA AS HE SPOKE. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. 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 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. ALSO DURING THE TASK THE DEFENDANT SWAYED QUITE A BIT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK TEN STEPS IN EACH DIRECTION INSTEAD OF NINE STEPS, PAUSED FOR APPROXIMATELY FIVE SECONDS WHILE TURNING. DURING THE PAUSE, THE DEFENDANT STATED HE WAS A MARINE AND COULD DO THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ABLE TO LIFT HIS RIGHT LEG FOR APPROXIMATELY FOUR SECONDS, AT WHICH TIME HE LOWERED HIS RIGHT FOOT. AT THAT TIME, HE PLACED HIS FOOT BACK DOWN, STATED HE COULD NOT DO THE TASK AND ASKED IF THERE WAS ANOTHER TASK HE COULD PERFORM TASK FOUR, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE KNEW THE ALPHABET. THE DEFENDANT WAS ASKED TO BEGIN AT THE LETTER 'A" AND GO THROUGH TO THE LETTER 'Z' WITHOUT SINGING THE ALPHABET. THE DEFENDANT RECITED A THROUGH I THEN THE LETTERS Z, H, I, K, L, M, O, Z, Q, R, AT WHICH POINT HE STOPPED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY THE DEFENDANT'S FIANCÉE' WHO HE HAD CALLED TO PICK UP HIS VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH. 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, CITATION NUMBER 3163-XBPX, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNINGS FOR UNLAWFUL SPEED AND FAILURE TO MAINTAIN A SINGLE LANE. *NOT-EXEMPT* |
