| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR11123250) 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(1) ON 102211, I WAS DISPATCHED AS BACK UP FOR DEPUTY MULLINS IN REFERENCE TO A TRAFFIC STOP AT THE INTERSECTION OF NORTH FLORIDA AVENUE AND EAST LIVE OAK LANE IN INVERNESS. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY MULLINS WHO ADVISED HE HAD STOPPED THE DEFENDANT, MR JOHN PAUL ETLINGER, FOR UNLAWFUL SPEED, 54 MILES PER HOUR (MPH) IN A POSTED 35 MPH SPEED ZONE, AND BELIEVED THE DEFENDANT MIGHT HAVE BEEN DRINKING. I MADE CONTACT WITH THE DEFENDANT WHO WAS STILL SEATED IN THE DRIVER SEAT OF HIS VEHICLE. I IMMEDIATELY OBSERVED THE DEFENDANT TO HAVE GLASSY BLOODSHOT EYES. I DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE VEHICLE. I ASKED THE DEFENDANT IF HE HAD HAD ANYTHING TO DRINK THIS EVENING, TO WHICH HE STATED HE DID. I ASKED HIM WHAT HE HAD HAD TO DRINK, TO WHICH HE STATED ONE BEER APPROXIMATELY ONE HOUR PRIOR. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND PERFORM A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE SAFELY. THE DEFENDANT STATED HE WOULD AND EXITED HIS VEHICLE. WHILE EXITING HIS VEHICLE, THE DEFENDANT WAS EXTREMELY UNSTEADY ON HIS FEET AND HAD TO USE THE DRIVER DOOR AND THE STEERING WHEEL TO KEEP FROM LOOSING HIS BALANCE. AFTER THAT, THE DEFENDANT STUMBLED BACKWARD SEVERAL STEPS BEFORE REGAINING HIS BALANCE. I HAD THE DEFENDANT MOVE TO A NEARBY AREA IN FRONT OF MY PATROL VEHICLE TO BEGIN THE TASKS. THE DEFENDANT WAS UNSTEADY ON HIS FEET AS HE WALKED TO THE AREA. 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. THE DEFENDANT DID NOT FOLLOW THE STIMULUS AND WAS AGAIN EXPLAINED THE TASK. THE DEFENDANT REPEATEDLY MOVED HIS HEAD AND HAD TO BE INSTRUCTED AGAIN HOW TO PERFORM THE TASK. THE DEFENDANT WAS UNABLE TO PERFORM THE TASK. THE DEFENDANT SWAYED DURING THE ENTIRE TIME. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH HE STATED HE UNDERSTOOD. I ASKED THE DEFENDANT TO GET INTO THE START POSITION. HE FIRST PLACED HIS RIGHT FOOT ON THE LINE, THEN JUST STOOD THERE. I AGAIN EXPLAINED AND DEMONSTRATED THE START POSITION TO THE DEFENDANT. THE DEFENDANT ATTEMPTED TO GET INTO THE START POSITION AND NEARLY FELL, AT WHICH TIME DEPUTY MULLINS STEPPED IN TO SUPPORT HIM. AT THAT POINT, THE TASK WAS STOPPED FOR THE DEFENDANT'S SAFETY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH HE STATED HE UNDERSTOOD. THE DEFENDANT AT FIRST TRIED TO STAND ON HIS LEFT FOOT AND AS SOON AS HIS FOOT LEFT THE GROUND, HE BEGAN TO FALL TO HIS RIGHT. DEPUTY MULLINS AGAIN HAD TO SUPPORT THE DEFENDANT. ON THE SECOND ATTEMPT, THE DEFENDANT ATTEMPTED TO RAISE HIS RIGHT LEG, AT WHICH TIME HE IMMEDIATELY FELL TO THE LEFT AND DEPUTY MULLINS AND I HAD TO SUPPORT HIM. THE TASK WAS THEN STOPPED FOR THE DEFENDANT'S SAFETY. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND THE DEFENDANT STATED HE UNDERSTOOD. WHEN I ASKED HIM TO GET INTO THE START POSITION, THE DEFENDANT JUST STOOD THERE. I AGAIN EXPLAINED, STEP BY STEP, THE START POSITION TO THE DEFENDANT WHO THEN COMPLIED. DURING THIS TASK, THE DEFENDANT DID SURPRISINGLY WELL. ON THE FOURTH ATTEMPT, THE DEFENDANT MISSED THE TIP OF HIS NOSE WITH HIS LEFT INDEX FINGER AND ON THE FIFTH, I TOLD HIM LEFT; HE USED HIS RIGHT AND MISSED THE TIP OF HIS NOSE, AT WHICH TIME HE ALMOST FELL DOWN AGAIN. THE DEFENDANT SWAYED AND WAS UNSTEAdy ON HIS FEET DURING THE ENTIRE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE AT THE DEFENDANT'S REQUEST. 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, ON CAMERA. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS 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 7211-XGA3 WITH A MANDATORY COURT APPEARANCE ON 111011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 340938B, FOR UNLAWFUL SPEED, 54 MPH IN A POSTED 35 MPH SPEED ZONE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
