| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID 2740 (AR10114526) 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. DID DAMAGE THE PROPERTY OF ANOTHER IN VIOLATION OF FLORIDA STATE STATUTE, 316.193(3)(C)(1). ON 042710, AT APPROXIMATELY 1956 HOURS THE DEFENDANT, MR JOHN TERRELL, WAS SOUTHBOUND ON COUNTY ROAD 491 AND ATTEMPTED A LEFT TURN ONTO EAST ANNA JO DRIVE. THE DEFENDANT MADE A LEFT TURN THAT WAS TOO WIDE RESULTING IN THE DEFENDANT DRIVING INTO A DRAINAGE DITCH. A WITNESS THEN APPROACHED THE DEFENDANT, AND UPON DETECTING IMPAIRMENT, REMOVED THE DEFENDANT'S KEYS FROM THE IGNITION WHILE THE DEFENDANT REMAINED SEATED BEHIND THE WHEEL. UPON MY ARRIVAL, I MADE CONTACT WITH THE DEFENDANT AT WHICH TIME I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I OBSERVED THE DEFENDANT'S EYES TO BE GLASSY, HIS SPEECH WAS SLURRED AND HE WAS UNSTEADY ON HIS FEET. UPON EMERGENCY MEDICAL SERVICES PERSONNEL CONFIRMING THAT THE DEFENDANT'S BLOOD SUGAR WAS NORMAL, I ADVISED THE DEFENDANT THAT I HAD COMPLETED A NON -CRIMINAL CRASH INVESTIGATION, AND WAS NOW GOING TO CONDUCT A CRIMINAL DRIVING UNDER THE INFLUENCE CRASH INVESTIGATION. 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/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 WAS NOT ABLE TO MAINTAIN HIS BALANCE WHILE LISTENING TO MY INSTRUCTIONS, AND BEGAN TO FALL WHILE ATTEMPTING THE FIELD EXERCISE. I THEN TOOK HOLD OF THE DEFENDANT'S ARM TO KEEP FROM FALLING. AT THAT TIME, THE FIELD SOBRIETY EXERCISES WERE DISCONTINUED. I THEN PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, WHERE HE WAS THEN HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM SCENE BY SCALLY'S TOWING. 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 .244. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH ONE COUNT OF PROPERTY DAMAGE WITH A BOND OF $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 5795-XBP WITH A MANDATORY COURT APPEARANCE OF 051310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6820-SWE FOR PROPERTY DAMAGE WITH A MANDATORY COURT HEARING AT 051310 AT 1300 HOURS, AND UNIFORM TRAFFIC CITATION NUMBER 6819-SWE FOR IMPROPER TURNING WITH A $166.00 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
