| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATT 0085 (AR09109553) 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 061409 AT APPROXIMATELY 1845 HOURS, I RESPONDED TO THE MCDONALD'S IN INVERNESS IN REFERENCE TO ASSISTING DEPUTY MOORE WITH A TRAFFIC CRASH. UPON ARRIVAL DEPUTY MOORE ADVISED ME HE HAD CONCLUDED THE TRAFFIC CRASH INVESTIGATION AND DURING HIS CONTACT WITH THE DEFENDANT HE COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE. HE ALSO STATED THAT THE DEFENDANT WAS UNSTEADY ON HIS FEET. I THEN MADE CONTACT WITH THE DEFENDANT, KNOWN TO ME AS MR JOHN CANTWELL. I ADVISED THE DEFENDANT THAT THE TRAFFIC CRASH INVESTIGATION WAS COMPLETE, AND EXPLAINED TO HIM THE CONCERNS OF DEPUTY MOORE. WHILE I WAS SPEAKING WITH THE DEFENDANT, I TOO COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HE WAS UNSTEADY ON HIS FEET AND HIS EYES WERE BLOOD SHOT. I ASKED THE DEFENDANT IF HE HAD ANY CURRENT MEDICAL CONDITIONS, TO WHICH HE DID TELL ME HE IS A DIABETIC NOW AND FOR THE LAST SEVERAL YEARS. HE ALSO TOLD ME HE HAS HIGH BLOOD PRESSURE. WHEN ASKED WHEN HE LAST MONITORED HIS BLOOD SUGAR, HE TOLD ME THAT HE NEVER MONITORS IT. I REQUESTED THE DEFENDANT SUBMIT TO SOBRIETY TASKS IN ORDER TO DETERMINE HIS CURRENT STATE OF SOBRIETY. THE DEFENDANT AGREED, TELLING ME HE HAD DONE THEM MANY TIMES DURING HIS LIFETIME. TASK ONE, 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. DURING THE FIRST ATTEMPT OF THE TASK THE DEFENDANT STARED STRAIGHT AHEAD AND WOULD NOT WATCH THE STIMULUS AS I MOVED IT FROM LEFT TO RIGHT. AFTER EXPLAINING TO HIM ONCE MORE, HE TOLD ME THAT HE WAS WATCHING IT WITH HIS PERIPHERALS. DURING THE SECOND ATTEMPT I ONCE AGAIN TOLD THE DEFENDANT TO KEEP HIS HEAD STILL BUT WATCH THE STIMULUS WITH HIS EYES ONLY. AS I MOVED THE STIMULUS FROM THE LEFT TO THE RIGHT, THE DEFENDANT MOVED HIS HEAD ABRUPTLY FROM THE LEFT TO THE RIGHT FOLLOWING IT EACH WAY. THE DEFENDANT DID NOT UNDERSTAND. TASK TWO, THE ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO LIFT HIS LEG; HOWEVER, COULD NOT HOLD IT UP AND DID COUNT TO 1006. DURING EACH COUNT THE DEFENDANT PICKED HIS LEG UP AND PLACED IT DIRECTLY BACK ONTO THE GROUND. THE DEFENDANT USED HIS ARMS FOR BALANCE TO KEEP FROM FALLING AND LOOKED STRAIGHT AHEAD WHILE ATTEMPTING THE TASK. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK THREE, THE WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO WALK HEEL TO TOE. DURING HIS FIRST STEP WALKED OFF THE LINE USING HIS FOOT TO CATCH HIMSELF. THE DEFENDANT USED HIS ARMS FOR BALANCE AND DID NOT WATCH EACH STEP AS HE TOOK THEM. WHILE TAKING STEPS BACK, THE DEFENDANT DID NOT STEP HEEL TO TOE, DID NOT WALK IN A STRAIGHT LINE AND ALSO USED HIS ARMS FOR BALANCE. TASK FOUR, THE RHOMBERG ALPHABET TASK: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS FEET TOGETHER AS REQUESTED DID NOT HOLD HIS HEAD BACK AND KEPT HIS HANDS ON HIS WAIST WHILE ATTEMPTING THE TASK. THE DEFENDANT WAS SWAYING BACK AND FORTH TO THE EXTENT THAT DEPUTY MOORE HAD TO STAND BEHIND THE DEFENDANT TO BE READY TO CATCH HIM. THE DEFENDANT ATTEMPTED THE TASK A SECOND TIME AND DURING THE SECOND ATTEMPT, AFTER THE LETTER U THE DEFENDANT STATED B, AND PAUSED AND THEN W, X, Y, Z. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FIVE, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT, WHILE ATTEMPTING TO TOUCH HIS NOSE WITH HIS LEFT INDEX FINGER, HE TOUCHED UNDER HIS LEFT EYE. DEFENDANT THOUGHT HE WAS USING THE WRONG HAND AND CAUGHT HIMSELF, PUTTING THE CORRECT HAND TO HIS FACE. THE DEFENDANT LOST HIS BALANCE DURING THIS ATTEMPT AND ON SEVERAL OCCASIONS, FORGOT TO PUT HIS HAND BACK AT THE STARTING POSITION. THE DEFENDANT COULD NOT COMPLETE THE TASK. AFTER THE TASKS WERE COMPLETE I ASKED THE DEFENDANT WHAT HE THOUGHT AND HE TOLD ME HE KNEW HE WAS DRUNK AND THAT I DID NOT NEED TO GO THROUGH THE SOBRIETY TASKS IN ORDER TO TELL HIM THAT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND WAS HANDCUFFED IN FRONT DUE TO DEFENDANT' SIZE. 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 THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LOCKED AND SECURED AND KEYS DELIVERED TO HIS WIFE BY DEPUTY MOORE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING: .152 AND .148. 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, NUMBER 8210-XBD WITH A MANDATORY COURT APPEARANCE OF 070209 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0754-RPA, FOR CARELESS DRIVING WITH A CIVIL INFRACTION FINE OF $151.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
