| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR10116023) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATUTE 322.34(2)(A). 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 072410 WHILE THIS DEPUTY WAS ON AN UNRELATED TRAFFIC STOP OF A BLUE PICK UP TRUCK ON HIGHWAY 44 WEST, JUST WEST OF INDEPENDENCE HIGHWAY, THIS DEPUTY HAD WALKED UP TO RETURN THE DRIVER'S LICENSE AND REGISTRATION TO THE DRIVER OF THE MOTOR VEHICLE. WHILE DOING THAT, THIS DEPUTY HEARD A HORN SOUND AND TIRE FRICTION ON THE PAVEMENT. UPON LOOKING UP, I OBSERVED A VEHICLE IN MY LANE WHICH HAD NOT MOVED OVER TO THE FARTHEST LANE AWAY FROM ME AND WAS ABLE TO DETERMINE THE VEHICLE IN THE INSIDE LANE WAS BLOWING HIS HORN TO ALERT ME THAT THE DRIVER ON THE OUTSIDE LANE WAS COMING AT ME. I THEN QUICKLY MOVED AWAY FROM THE VEHICLE'S DRIVER SIDE AREA, WHERE I HAD BEEN STANDING NEXT TO THE VEHICLE THAT I HAD STOPPED TO AVOID BEING STRUCK. AT THIS POINT I OBSERVED THE PICK UP TRUCK IN THE INSIDE LANE, WHICH HAD PREVIOUSLY WARNED ME, HIT HIS BRAKES TO GIVE THE VEHICLE IN THE OUTSIDE LANE THE ABILITY TO MOVE OVER. UPON THE VEHICLE IN THE OUTSIDE LANE COMING BY ME, I RAN BACK TO MY PATROL VEHICLE AND THEN PROCEEDED TO PERFORM A TRAFFIC STOP ON THE VEHICLE, THAT CAME BY ME IN MY LANE, IN THE AREA OF HIGHWAY 44 WEST AND EAST FOREST DRIVE. THE VEHICLE WAS A 2003 HYUNDAI FOUR DOOR, SILVER IN COLOR, BEARING TAG X42YDZ. I THEN APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER AND EXPLAINED TO HIM THE REASON FOR THE STOP. THE DRIVER HAD A GLAZED LOOK IN HIS EYE AND WAS VERY SLOW TO REACT. IT APPEARED THAT HE WAS POSSIBLY UNDER THE INFLUENCE OF SOME TYPE OF CONTROLLED SUBSTANCE. THE DRIVER IDENTIFIED HIMSELF THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, JOHN MANFRATES. THIS DEPUTY THEN RETURNED TO HIS PATROL VEHICLE AND WAS ABLE TO DETERMINE, THROUGH A DIVISION OF HIGHWAY SAFETY AND MOTOR VEHICLE (DHSMV) CHECK, THAT MR MANFRATES LICENSE HAD APPROXIMATELY FIVE SUSPENSIONS. DHSMV RECORD ALSO INDICATED THAT HE HAD BEEN SENT NOTICE, PER STATUTE, OF THE SUSPENSIONS. UPON BACK UP ARRIVING ON SCENE, THE DEFENDANT WAS ASKED TO STEP OUT OF THE VEHICLE. 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. 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. HE ALSO HAD PROBLEMS KEEPING HIS HEAD STILL AND JUST FOLLOWING WITH HIS EYES. TASK TWO, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CONTINUED TO START THE TASK BEFORE IT WAS EXPLAINED. HE TOOK AN INCORRECT NUMBER OF STEPS AND STEPPED OFF THE LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON COUNT ONE, COUNT FIVE, AND COUNT TWENTY. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS AND IT HAD TO BE EXPLAINED MORE THAN ONCE. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT THE LAST GRADE HE FINISHED IN SCHOOL WAS AND HE ADVISED HIGH SCHOOL. HE SAID HE WAS ABLE TO READ, WRITE AND UNDERSTAND ENGLISH AND HE KNEW THE ALPHABET. HE WAS ABLE TO PERFORM THE ALPHABET TEST A THROUGH R AND WHEN HE GOT TO S HE SAID X AND THEN CONTINUED THE ALPHABET THROUGH Z. THE DEFENDANT'S DEMEANOR WAS STRANGE AND DID NOT APPEAR TO BE CONSISTENT WITH THE CIRCUMSTANCES THAT WERE GOING ON AROUND HIM. SHORTLY THEREAFTER, THE DEFENDANT WAS PLACED UNDER ARREST AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. WHILE IN THE BACK OF MY PATROL VEHICLE HE WAS ADVISED OF HIS MIRANDA VIA CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. HE WAS ADVISED OF HIS COMPLIED CONSENT FOR ALCOHOL AND CONTROLLED SUBSTANCE AND HE AGREED TO PROVIDE SAMPLES FOR BOTH. DURING CONVERSATION WITH THE DEFENDANT HE ADVISED HE WAS AWARE THAT HE HAD RECEIVED A LETTER FROM THE DHSMV INDICATING HIS LICENSE WAS SUSPENDED AND THAT HE HAD GIVEN A LETTER TO A FAMILY MEMBER TO STRAIGHTEN THE SITUATION OUT, BUT IT HAD NOT BEEN TAKEN CARE OF. DURING THE CONVERSATION WITH THE DEFENDANT, HE STATED THAT HE HAD TAKEN A HALF OF ZANAX AND INGESTED IT EARLIER AND THAT HE HAD OBTAINED FROM HIS PASSENGER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING, WHERE HE PROVIDED A BREATH SAMPLE OF ALCOHOL WITH RESULTS OF 0.00. HE THEN PROVIDED A SMALL URINE SAMPLE WHICH WILL BE LATER SENT FOR TESTING OF POSSIBLE CONTROLLED SUBSTANCE. WHILE AT THE JAIL THE DEFENDANT ADMITTED TO USING MARIJUANA ON THE DAY BEFORE, BUT NOT ON TODAY'S DATE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2778-GJX-X, FOR KNOWINGLY DRIVING WHILE HIS LICENSE WAS SUSPENDED OR REVOKED, WITH A COURT DATE 081210 AT 1300 HOURS. HE WAS THEN ISSUED A DUI TRAFFIC CITATION, NUMBER 4413-XDX-8, WITH A MANDATORY COURT DATE 081210 AT 1300 HOURS. HE WAS THEN ISSUED CITRUS COUNTY SHERIFF'S OFFICE WARNING CITATION NUMBER 301510B FOR VIOLATION OF THE MOVE OVER ACT. AN IN-CAR VIDEO CD OF THE TRAFFIC STOP WAS COMPLETED AND WILL BE TURNED IN TO EVIDENCE. THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT IN THE PARKING LOT OF SUNCOAST ENDOSCOPY PER HIS REQUEST. *NOT-EXEMPT* |
