| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, CASEY N339 (AR11121007) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, 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 Statute 327.35(1)(A). ON 052911 AT APPROXIMATELY 2330 HOURS, I, OFFICER CASEY PHILLIPS AND LIEUTENANT RAMA SHUSTER FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION WERE ON STATE WATER PATROL IN CRYSTAL RIVER'S KINGS BAY. WE OBSERVED A VESSEL APPROACH US WITH LOUD MUSIC PLAYING. WE ACTIVATED OUR BLUE LIGHTS FOR A BOATING SAFETY CHECK. WE OBSERVED MR NAPPI OPERATING THE VESSEL. WE ASKED TO SEE ALL PROPER SAFETY EQUIPMENT. I THEN ASKED HOW MUCH ALCOHOL HE HAD CONSUMED THAT NIGHT AND HE STATED A FEW BEERS. I ASKED MR NAPPI TO PERFORM FIELD SOBRIETY TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. AFTER NOTICING THE HORIZONTAL GAZE NYSTAGMUS ONSET, WE ASKED MR NAPPI TO PERFORM FURTHER TESTING ON LAND. WE TOWED MR NAPPI'S VESSEL TO PETE'S PIER TO FURTHER OUR INVESTIGATION FOR FIELD SOBRIETY. I PERFORMED THE HORIZONTAL GAZE NYSTAGMUS. MR NAPPI HAD LACK OF SMOOTH PURSUIT, DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION. HE HAD NYSTAGMUS ONSET BEFORE 45 DEGREES. TASK TWO, THE PALM PAT. MR NAPPI COMPLETED THIS TASK PROPERLY. TASK THREE, THE FINGER COUNT. MR NAPPI MISSED COUNTING FINGERS, IMPROPER FINGER COUNT. TASK FOUR, THE FINGER TO NOSE. MR NAPPI WAS UNCERTAIN, FUMBLED BUT TOUCHED. HE DID NOT TOUCH NOSE TIP WITH FINGER TIP. TASK FIVE, ALPHABET. MR NAPPI MISSED LETTERS "Y" AND "Z". HE HESITATED. TASK SIX, BACKWARDS COUNT. MR NAPPI MISSED NUMBERS 85, 67, AND 66. TASK SEVEN, WALK AND TURN. MR NAPPI STEPPED OFF LINE. TASK EIGHT, THE ONE LEG STAND. MR NAPPI SWAYED WHILE BALANCING, USING HIS ARMS TO BALANCE MORE THAN SIX INCHES. HE PUT HIS FOOT DOWN AND HE IMPROPERLY COUNTED. "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* |
