| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR09108995) 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(1). ON 051009, AT APPROXIMATELY1927 HOURS, I WAS DISPATCHED TO WALGREENS IN HOMOSASSA, FLORIDA, IN REFERENCE TO PROVIDING BACK UP TO DEPUTY MARSHALL. UPON ARRIVAL, I OBSERVED DEPUTY MARSHALL SPEAKING WITH THE DEFENDANT JOHN ROONEY. IT APPEARED THAT THE DEFENDANT WAS INTOXICATED. I COULD ALSO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANTS BREATH AND PERSON. I VISUALLY OBSERVED THAT WHILE THE DEFENDANT WAS SPEAKING WITH DEPUTY MARSHALL, HE WAS HAS HAVING A DIFFICULT TIME MAINTAINING HIS BALANCE. I FURTHER OBSERVED HIM TO SWAY FROM SIDE TO SIDE AND BACK AND FORTH. I ALSO OBSERVED THE DEFENDANTS EYES TO BE GLASSY AND HIS SPEECH TO BE SLURRED. WHILE STANDING THERE, DEPUTY MARSHALL ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL DISABILITIES, TO WHICH THE DEFENDANT REPLIED THAT HE HAD A BAD LEG HOWEVER, DID NOT GO INTO DETAIL ON THE TYPE OF INJURY TO HIS LEG. AT THAT TIME, DEPUTY MARSHALL ASKED THE DEFENDANT IF HE HAD ANY PROBLEMS WITH HIS EYES TO WHICH THE DEFENDANT STATED "NO." AT THAT TIME, DEPUTY MARSHALL HAD THE DEFENDANT SUBMIT TO FIELD SOBRIETY TASK. TASK ONE 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. WHILE THE DEFENDANT WAS ALSO PERFORMING THIS TASK, HE COULD NOT FOLLOW THE PEN WITHOUT MOVING HIS HEAD. TASK TWO, WALK AND TURN, THIS TASK WAS EXPLAINED AN DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THE TASK HOWEVER, IMMEDIATELY ADVISED THAT HE COULD NOT DO IT DUE TO HIS BAD LEG. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AGAIN REFUSED TO PERFORM THIS TASK DUE TO HIS BAD LEG. TASK FOUR; FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CONTINUED TO SWAY FROM SIDE TO SIDE AND BACK TO FRONT. THE DEFENDANT COULD NOT FOLLOW THE INSTRUCTIONS THAT WERE GIVEN TO HIM, DID NOT MAINTAIN HIS ARMS AT A 45 DEGREE ANGLE, AND DID NOT PROPERLY TOUCH FINGER TO NOSE. AT THAT TIME, DEPUTY MARSHALL HAD PLACED THE DEFENDANT UNDER ARREST HANDCUFFED HIM BEHIND HIS BACK (DOUBLE LOCKED). DEPUTY MARSHALL THEN ADVISED THIS DEPUTY THAT HE HAD COME IN CONTACT WITH THE DEFENDANT DUE TO OBSERVING HIM RUN THE RED LIGHT WHILE ON HIGHWAY 19 AND YULEE DRIVE. I INFORMED DEPUTY MARSHALL THAT DUE TO THIS BEING HIS EARLY NIGHT, I WOULD TAKE OVER HIS DUI ARREST. AT THAT TIME, DEPUTY MARSHALL ISSUED A FLORID UNIFORM TRAFFIC CITATION TO THE DEFENDANT, CITATION NUMBER 1719FIR, FOR VIOLATION OF A TRAFFIC CONTROLLED DEVICE. AT THAT TIME, I SECURED THE DEFENDANT INTO MY PATROL VEHICLE AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO THE BREATHALYZER OPERATOR WHO HAD READ HIM HIS MIRANDA WARNING ALONG WITH HIS IMPLIED CONSENT. AT THAT TIME, THE DEFENDANT REFUSED TO PROVIDE ANY BREATH SAMPLES. I THEN ISSUED A FLORIDA DUI CITATION NUMBER 7280XAD FOR A REFUSAL TO SUBMIT TO A LAWFUL BREATH TEST WITH A MANDATORY COURT DATE OF 052809, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
