| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11118956) 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 012211 MYSELF AND TWO OTHER DEPUTIES WERE PARKED AT THE CORNER OF SOUTH APOPKA AVENUE AND US HIGHWAY 41 FACING SOUTHBOUND. I THEN HEARD A VEHICLE HORN AND OBSERVED A WHITE PICK-UP STRADDLING THE OUTSIDE FOG LINE OF US HIGHWAY 41 HEADING SOUTHBOUND TOWARDS CITRUS PLAZA. THE VEHICLE CAME BACK INTO THE SOUTHBOUND LANE, IMMEDIATELY SPED UP AND QUICKLY EXITED US HIGHWAY 41 IN TO THE PARKING LOT OF THE CITRUS PLAZA IN AN OBVIOUS ATTEMPT TO TRY AND DISTANCE HIMSELF FROM THIS DEPUTY. THE VEHICLE THEN PULLED IN TO THE DRIVE-THRU AT MCDONALD'S, AT WHICH TIME, THIS DEPUTY ATTEMPTED TO CONDUCT A TRAFFIC STOP ON SAID VEHICLE. THE VEHICLE THEN PULLED OUT OF THE MCDONALD'S DRIVE-THRU, DRIVING STRAIGHT TOWARDS A PARKED VEHICLE AND ALMOST STRIKING IT IN THE FRONT END. THIS DEPUTY YELLED FOR THE DRIVER TO PUT THE BRAKE ON TO AVOID STRIKING THE VEHICLE IN FRONT OF HIM. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR JOHN DOUGLAS HAMILTON. MR HAMILTON HAD A VERY SLOW REACTION TIME, VERY GLASSY EYES AND AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I ASKED MR HAMILTON IF HE HAD ANY ALCOHOL TO DRINK TO WHICH HE ADVISED "YES, HE HAD A COUPLE". I THEN HAD THE DEFENDANT EXIT HIS VEHICLE AND WALK A SHORT DISTANCE THROUGH THE PARKING LOT TO A MORE SUITABLE LOCATION. I THEN ASKED MR HAMILTON IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES WHICH WOULD PREVENT HIM FROM TAKING FIELD SOBRIETY TASKS WHICH HE ADVISED 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/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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE SEVERAL TIMES, LOST HIS BALANCE AND COULD NOT FOLLOW INSTRUCTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS, PUT HIS FOOT DOWN APPROXIMATELY NINE TIMES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS, SWAYED WHILE STANDING AND MISSED THE TIP OF HIS NOSE. TASK FIVE ROMBERG ALPHABET, THE DEFENDANT WAS ASKED WHAT GRADE HE HAD COMPLETED IN SCHOOL AND HE ADVISED THE 12TH GRADE AND THAT HE KNEW THE ALPHABET. THE DEFENDANT THEN STARTED THE ALPHABET PUTTING LETTERS IN THE WRONG SEQUENCE AND FAILED TO FOLLOW INSTRUCTIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) FOR DRIVING UNDER THE INFLUENCE, PLACED IN THE REAR OF MY PATROL VEHICLE AND SECURED WITH THE SEATBELT. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD. THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT IN THE PARKING LOT OF MCDONALD'S WITH THE DEFENDANT'S CONSENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND UPON ARRIVAL HE WAS ADVISED OF HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH THEN WAIVERED BACK AND FORTH. HE WAS ADVISED THAT HE WOULD BE ASKED WHILE AT THE DETENTION FACILITY BY THE STAFF AND HE WOULD NEED TO TELL THEM HIS DECISION AT THAT TIME. WHILE AT THE DETENTION FACILITY, HE REFUSED TO PROVIDE A BREATH SAMPLE AND WAS ISSUED DRIVING UNDER THE INFLUENCE (DUI) REFUSAL CITATION NUMBER 4419-XDX-3 WITH A MANDATORY COURT APPEARANCE OF 021011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE (CCSO) WARNING CITATION NUMBER 315037B FOR FAILURE TO MAINTAIN A SINGLE LANE. THE TRAFFIC STOP WAS VIDEO TAPED VIA IN CAR CAMERA, A COPY WILL BE PLACED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
