| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY (AR11120647) 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'S STATE STATUTE 316.193. ON 050611 AT APPROXIMATELY 2337 HOURS, I WAS DISPATCHED TO THE AREA OF WEST WITHLACOOCHEE TRAIL AND NORTH G MARTINELLI BOULEVARD IN REFERENCE TO A SINGLE VEHICLE ACCIDENT. WHILE EN ROUTE DISPATCH ADVISED THAT THE COMPLAINANT TOLD THEM THAT A WHITE MALE SUBJECT HAD ROLLED HIS PICKUP TRUCK AND WAS POSSIBLY ATTEMPTING TO SET IT ON FIRE. UPON ARRIVAL, CONTACT WAS MADE WITH THE DEFENDANT, MR JOHN FAUNCE III, WHO WAS MOVING OUTSIDE THE VEHICLE PICKING UP ITEMS FROM THE GROUND AND PUTTING THEM BACK IN THE VEHICLE. MR FAUNCE WAS UNSTEADY ON HIS FEET AND HAD GLASSY BLOODSHOT EYES AND I DETECTED THE SMELL OF ALCOHOL EMITTING FROM HIS PERSON. I ASKED MR FAUNCE WHAT HAD HAPPENED TO WHICH HE ADVISED THAT HE HAD BEEN DRIVING THE VEHICLE AND IT HAD SPUN OUT AND WAS CURRENTLY STUCK IN THE DITCH. AT THAT TIME I POINTED OUT TO MR FAUNCE THAT THE VEHICLE HAD CLEARLY ROLLED AS THE CAB WAS CRUSHED AND THE FRONT WINDSHIELD AND REAR WINDOW WERE MISSING FROM THE VEHICLE AND LYING ON THE GROUND NEARBY. THE VEHICLE WAS IN PARK BUT RUNNING. I THEN ASKED MR FAUNCE IF HE HAD ANYTHING TO DRINK TO WHICH HE ADVISED THAT HE HAD. I THEN COMPLETED MY TRAFFIC ACCIDENT INVESTIGATION AND ISSUED MR FAUNCE HIS UNIFORM TRAFFIC CITATION IN REFERENCE TO IT. I THEN ADVISED MR FAUNCE THAT I HAD COMPLETED THE TRAFFIC CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL INVESTIGATION ON HIM DRIVING UNDER THE INFLUENCE. I ASKED MR FAUNCE IF HE HAD BEEN DRINKING, TO WHICH HE ADVISED THAT HE HAD. HE ADVISED THAT HE HAD FIVE OR SIX DRINKS IN APPROXIMATELY FOUR HOURS. I THEN ASKED MR FAUNCE IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE, TO WHICH HE ADVISED THAT 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 THAT 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE TASK BEFORE BEING INSTRUCTED, MISSED HEEL TO TOE ON STEPS TWO, THREE AND SIX IN THE FIRST SERIES. ADDITIONALLY THE DEFENDANT CONTINUED TO ELEVEN STEPS BEFORE I HAD TO TELL HIM TO STOP. THE DEFENDANT FAILED TO PERFORM THE TURN AS DEMONSTRATED. THE DEFENDANT MISSED HEEL TO TOE ON STEPS TWO AND THREE, STEPPED OFF THE LINE AND THE DEFENDANT FORGOT TO COUNT OUT LOUD DURING THE RETURN SERIES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOOD ON HIS RIGHT LEG, LIFTED HIS LEFT LEG AND COUNTED TO THREE BEFORE NEARLY FALLING OVER. THE DEFENDANT REGAINED HIS BALANCE, ATTEMPTED A SECOND TIME AGAIN REACHING THE COUNT OF THREE BEFORE NEARLY FALLING. AT THAT POINT I STOPPED THE TASK TO PREVENT ANY ADDITIONAL INJURY TO THE DEFENDANT. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT DID NOT AGREE TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 7208XGA8 WITH A MANDATORY COURT APPEARANCE OF 051611 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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* |
