| Probable cause affidavit: |
SUBMITTED BY: LYNN, KURT 0349 (AR09107223) ON 011609 AT APPROXIMATELY 2306 HOURS, I WAS OPERATING RADAR ON EAST PARSONS POINT ROAD IN HERNANDO. I OBSERVED A VEHICLE TRAVELING EAST ON EAST PARSONS POINT ROAD, TRAVELING ABOVE WHAT I BELIEVED WAS THE POSTED 30 MILE PER HOUR (MPH) SPEED LIMIT. I ACTIVATED MY RADAR AND RECEIVED A SOLID AUDIO DOPPLER TONE CONSISTENT WITH THE 41 MPH READING ON THE RADAR SCREEN. THE VEHICLE PASSED BITZER AVENUE AND I ACTIVATED MY EMERGENCY LIGHTS AND PERFORMED A TRAFFIC STOP ON THE VEHICLE IN FRONT OF WATSON'S FISH CAMP, NEAR WESTPOINT DRIVE. UPON CONTACT WITH THE DRIVER, I COULD SEE AN OPEN BUD LIGHT BEER CAN IN THE CENTER CONSOLE. UPON ASKING THE DRIVER FOR HIS LICENSE AND THE VEHICLE REGISTRATION, THE DRIVER DISPLAYED THE INABILITY TO FOLLOW SIMPLE DIRECTIONS. THERE WAS A STRONG ODOR OF ALCOHOL AS THE DRIVER SPOKE AND HIS EYES WERE RED, WATERY AND GLASSY. THE DRIVER DID SAY THAT HE HAD HAD FOUR BEERS SINCE 8:00 P.M. AT THAT TIME, I ASKED HIM TO STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS. DURING THIS TIME, HE STATED "YOU GOT ME, I'M BUZZED.” THE FIRST TASK WAS HORIZONTAL GAZE NYSTAGMUS, IN WHICH THE DRIVER DISPLAYED MODERATE NYSTAGMUS IN BOTH HIS LEFT AND RIGHT EYES AND THE LACK OF THE ABILITY OF SMOOTH PURSUIT IN BOTH HIS LEFT AND RIGHT EYES. THE DRIVER ALSO DISPLAYED POOR BALANCE. THE NEXT TASK WAS THE ONE LEG STAND TASK. THIS TASK WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER BY THIS DEPUTY. THE DRIVER COULD NOT COMPLETE THE TASK. HE STARTED PRIOR TO THE INSTRUCTIONS BEING FINISHED, RAISED HIS ARMS MORE THAN SIX INCHES FOR BALANCE, COULD NOT KEEP HIS FOOT ELEVATED AND SET HIS FOOT DOWN ON EVERY COUNT. THE THIRD TASK WAS THE FINGER TO NOSE TASK. THIS TASK WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER. UPON THE DRIVER ATTEMPTING TO COMPLETE THE TASK, HE COULD NOT KEEP HIS EYES CLOSED AND FAILED TO RETURN HIS ARMS TO HIS SIDES. THE LAST TASK WAS THE WALK AND TURN TASK WHICH THIS DEPUTY ATTEMPTED TO DEMONSTRATE AND EXPLAIN TO THE DRIVER. HOWEVER, THE DRIVER KEPT SAYING "TAKE ME IN." THE DRIVER STARTED PRIOR TO THE INSTRUCTIONS BEING FINISHED, DID NOT TOUCH HEEL TO TOE, DID AN INCORRECT TURN AND RAISED HIS ARMS FOR BALANCE. IT WAS AT THAT TIME, THIS DEPUTY DETERMINED THAT THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL AND NOT FIT TO DRIVE. HE WAS PLACED IN HAND RESTRAINTS, TWO SETS (DOUBLE LOCKED) AND SEATED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN READ IMPLIED CONSENT AND MIRANDA FROM A PRE-PRINTED CARD. THE DEFENDANT THEN WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR DUI PROCESSING. WHILE EN ROUTE, THE DEFENDANT, WHO HAD BEEN IDENTIFIED BY FLORIDA DRIVER'S LICENSE AS MR JOHN G BOOTH, JUNIOR, WAS VERY TALKATIVE. HE TOLD THIS DEPUTY THAT HE HAD HAD MORE THAN A COUPLE OF BEERS ALONG WITH TWO SHOTS OF RUM AND WAS OUT PARTYING BECAUSE HIS WIFE HAD GONE TO SOUTH FLORIDA FOR THE WEEKEND. HE ALSO TOLD THIS DEPUTY THAT HE HAD A PRIOR DUI IN KENTUCKY IN 1985. THE DEFENDANT WAS THE OPPORTUNITY TO PERFORM AN INTOXILYZER TEST AT THE DETENTION FACILITY. THE DEFENDANT REFUSED THIS OPPORTUNITY TO PROVIDE A BREATH SAMPLE. HE WAS GIVEN FLORIDA DUI TRAFFIC CITATION 4301-XDX FOR REFUSING HIS DUI CITATION. BOND SET PER SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATIONS, CITATION NUMBER 8560-FYK, FOR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE (41 MPH IN A POSTED 30 MPH SPEED ZONE,) AND CITATION NUMBER 8561-FYK, FOR OPEN CONTAINER BY THE DRIVER. *NOT-EXEMPT* |
