| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR09111123) 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. ON 092309 AT 2220 HOURS, I RESPONDED TO THE LOCATION OF ALDEN WAY AT CITRUS SPRINGS BOULEVARD, IN ORDER TO ASSIST DEPUTY PRICE. UPON ARRIVAL, DEPUTY PRICE ADVISED ME THAT HE HAD STOPPED THE VEHICLE, A 2001 GOLD BUICK, FOR TRAVELING AT 66 MILES PER HOUR (MPH) IN A 55 MPH SPEED ZONE, and HE DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER/DEFENDANT, MR JOHN KOMINSKY. I THEN MADE CONTACT with the DRIVER/DEFENDANT OF the VEHICLE, AND AS I SPOKE WITH the DEFENDANT, I COULD ALSO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DEFENDANT ALSO HAD RED EYES AND HAD A DIFFICULT TIME SPEAKING. I REQUESTED THE DEFENDANT SUBMIT TO SOBRIETY TASKS IN ORDER TO DETERMINE HIS CURRENT STATE OF SOBRIETY, TO WHICH THE DEFENDANT AGREED. AT THAT TIME, 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, AND ONLY HAD TO TAKE OFF HIS GLASSES. DURING THIS TASK THE DEFENDANT DID NOT UNDERSTAND and CONTINUED TO STARE STRAIGHT FORWARD. THE TASK HAD TO BE EXPLAINED SEVERAL TIMES, AND EVEN AFTER EXPLAINING IT SEVERAL TIMES, THE DEFENDANT STARED STRAIGHT AHEAD AND/OR MOVED HIS HEAD FROM SIDE TO SIDE TO FOLLOW THE STIMULUS. THE DEFENDANT ADVISED ME THAT HE DID NOT UNDERSTAND WHAT TO DO. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, the DEFENDANT ATTEMPTED TO PICK UP HIS LEFT LEG; HOWEVER, PICKED IT UP STRAIGHT UP AND FAILED TO PUT IT OUT IN FRONT OF HIM. THE DEFENDANT MISSED SEVERAL NUMBERS WHILE COUNTING, and EVENTUALLY HAD TO PUT his LEFT LEG DOWN IN ORDER TO CATCH HIMSELF FROM FALLING. I EXPLAINED AND DEMONSTRATED THE TASK AGAIN. THE DEFENDANT THEN ATTEMPTED TO LIFT HIS RIGHT FOOT, AND WHILE DOING SO, DID MISS SEVERAL NUMBERS WHILE COUNTING, AND PUT HIS FOOT DOWN PRIOR TO BEING TOLD TO DO SO. the DEFENDANT COULD NOT COMPLETE THE TASK. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS HEAD BACK , AND HAD TO BE REMINDED TO DO SO. THE DEFENDANT ALSO OPENED HIS EYES WHILE ATTEMPTING THE TASK. THE DEFENDANT COULD NOT COMPLETE THE TASK. I THEN REQUESTED THE DEFENDANT TO PERFORM THE RHOMBERG ALPHABET, WHICH HE REPLIED THAT HE WOULD NOT, DUE TO the FACT THAT HE HAD NOT RECITED HIS ALPHABET SINCE SIXTH GRADE. THE DEFENDANT MADE SEVERAL SPONTANEOUS ADMISSIONS STATING THAT HE KNEW HE WAS WRONG BUT JUST LIVED A COUPLE BLOCKS DOWN THE STREET, and THAT HE HAD NOT KILLED ANYBODY SO HE SHOULD BE LEFT TO GO HOME. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER 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. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .190 AND .195. 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 2203XBG WITH A MANDATORY COURT APPEARANCE OF 100809 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0964-RPA, FOR FAILING TO CHANGE ADDRESS ON HIS DRIVER'S LICENSE WITH A $98.00 CIVIL FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. AND A WRITTEN WARNING BY DEPUTY PRICE NUMBER, 255147B, FOR 66 MPH IN A 55 MPH SPEED ZONE. *NOT-EXEMPT* |
