| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (AR11118633) 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 010111 AT APPROXIMATELY 0820 HOURS, I WAS DISPATCHED TO A POSSIBLE IMPAIRED DRIVER HEADED NORTHBOUND ON SOUTH SUNCOAST BOULEVARD. WHILE TRAVELING SOUTHBOUND ON SOUTH SUNCOAST BOULEVARD, I WAS UPDATED THAT THE VEHICLE WAS A DARK BLUE FORD PICKUP JUST PASSING THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD AND YULEE DRIVE. AT THAT TIME, I OBSERVED A DARK BLUE FORD PICKUP NORTHBOUND ON SOUTH SUNCOAST BOULEVARD ON THE INSIDE LANE. THE VEHICLE WAS HALF IN THE INSIDE LANE AND HALF IN THE INSIDE TURN LANE AND CONTINUED TRAVELING NORTHBOUND. AT THAT TIME, I GOT BEHIND THE BLUE FORD, WHICH I OBSERVED MULTIPLE VIOLATIONS OF BEING UNABLE TO MAINTAIN A SINGLE LANE. THE DRIVER OF THE VEHICLE WAS ALSO MAKING JERKING MOVEMENTS BACK AND FORTH IN THE VEHICLE, AT WHICH TIME, I INITIATED MY OVERHEAD LIGHTS AND THE VEHICLE PULLED INTO THE PARKING LOT OF COLONEL FROGS. I MADE CONTACT WITH THE DRIVER/DEFENDANT MR JONATHAN LASS, AT WHICH TIME, I OBSERVED THE DRIVER TO HAVE BLOODSHOT GLAZED OVER EYES, SLURRED SPEECH, AND THERE WAS AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE VEHICLE. AT THAT TIME, I ASKED MR LASS IF HE HAD BEEN DRINKING, TO WHICH HE REPLIED NO. I ASKED MR LASS FOR HIS LICENSE, REGISTRATION, AND PROOF OF INSURANCE FOR THE VEHICLE, WHICH HE WAS ABLE TO PROVIDE ALL THREE DOCUMENTS. I RAN THE INFORMATION PROVIDED BY THE DEFENDANT THROUGH FCIC/NCIC, WHICH REVEALED HE HAD A VALID TENNESSEE DRIVER'S LICENSE. AT THAT TIME, I ASKED THE DEFENDANT TO TURN THE VEHICLE OFF AND STEP OUT OF THE VEHICLE, WHICH HE DID. I INFORMED THE DEFENDANT THAT THE TRAFFIC STOP WAS COMPLETED AND I WAS NOW CONDUCTING A DUI INVESTIGATION. AT THAT TIME, I EXPLAINED THAT I WOULD BE CONDUCTING FIELD SOBRIETY TASKS, WHICH THE DEFENDANT AGREED TO COMPLETE. I ASKED THE DEFENDANT IF HE COULD READ WRITE AND UNDERSTAND THE ENGLISH LANGUAGE, AT WHICH TIME HE REPLIED YES. 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 HAD PREVIOUSLY HAD NECK SURGERY, BUT HE WAS ABLE TO WALK AND OPERATE NORMALLY. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO LOOK AT HIS TOE WHILE COUNTING AND SWAYED AND HAD TO USE HIS ARMS FOR BALANCE AT ALL TIMES. HE BEGAN THE TASK BEFORE HE WAS TOLD TO DO SO AND WAS ONLY ABLE TO COUNT TO ELEVEN, AT WHICH TIME, HE ALMOST FELL AND CAUGHT HIMSELF WITH A PARKING SIGN. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING AND DEMONSTRATING THE TASK THE DEFENDANT BEGAN TO START THE TASK AFTER HE WAS TOLD NOT TO DO SO UNTIL INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS TOLD TO BEGIN THE TASK AND WHILE DOING SO HE WOULD BRING THE INDEX FINGER TO HIS NOSE AND THEN STRAIGHT OUT AND THEN BRIEFLY STOP BEFORE RETURNING TO HIS NORMAL POSITION. THE DEFENDANT CONTINUOUSLY PUT HIS HEAD FORWARD AND WAS CONTINUOUSLY SWAYING WHILE HIS FEET WERE PLACED TOGETHER. TASK FOUR, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, HE BEGAN TO SING THE ALPHABET, AT WHICH TIME, HE WAS REMINDED TO JUST SPEAK THE ALPHABET WITHOUT SINGING. THE DEFENDANT WOULD NOT SPEAK THE ALPHABET AND CONTINUED TO SING IT. WHILE SINGING THE ALPHABET, THE DEFENDANT MISSED THE LETTER O AND PLACED THE LETTER R AFTER THE LETTERS S AND T. TASK FIVE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE DEMONSTRATING AND EXPLAIN THE TASK THE DEFENDANT REPEATEDLY BEGAN TO DO THE TASK. HE WAS REPEATEDLY INSTRUCTED NOT TO BEGIN THE TASK UNTIL INSTRUCTED TO DO SO. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN A STRAIGHT LINE ON THE LINE PROVIDED BY THE PARKING SPACE. ALSO WHILE PERFORMING THIS TASK HE WAS UNABLE TO MAKE HEEL TO TOE STEPS AND HAD TO STEP OFF MULTIPLE TIMES WHILE USING HIS ARMS FOR BALANCE. WHILE MAKING THE TURN AFTER STEP NINE THE DEFENDANT STAGGERED ALMOST FALLING AND THEN WAITED FOR ME TO INSTRUCT HIM TO CONTINUE AGAIN. I ASKED THE DEFENDANT IF I COULD SEARCH HIS VEHICLE, AT WHICH TIME, HE REPLIED YES. WHILE CONDUCTING A SEARCH OF THE VEHICLE ON THE BACK SEAT OF THE TRUCK I FOUND AN EMPTY SMIRNOFF 750ML BOTTLE. ALSO IN THE BACK SEAT WAS A SIX PACK OF SMIRNOFF ICE THAT HAD ONE BOTTLE EMPTY WITH THE TOP SCREWED BACK ON. THE SMIRNOFF ICE BOTTLES WERE COLD TO THE TOUCH AND HAD DEW ON THE OUTSIDE OF THE BOTTLE. IN THE CENTER CONSOLE CUP HOLDER OF THE VEHICLE THERE WAS A PURPLE RACE TRAC CUP WHICH HAD A LIQUID THAT HAD A SWEET ALCOHOLIC SMELL TO IT, WHICH APPEARED TO BE SMIRNOFF ICE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK 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, AT WHICH TIME, THE DEFENDANT STATED THAT HE WANTED A LAWYER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S BODY SHOP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. WHILE PLACING THE DEFENDANT'S TENNESSEE DRIVER'S LICENSE BACK INTO HIS WALLET TO TURN OVER TO THE DETENTION FACILITY, I OBSERVED A FLORIDA DRIVER'S LICENSE, NUMBER L200424631380, TO BE IN THE MONEY PORTION OF HIS WALLET. UPON RUNNING THE NUMBER THROUGH FCIC/NCIC IT REVEALED THAT HIS DRIVER'S LICENSE WAS SUSPENDED FOR FAILURE TO PAY CHILD SUPPORT. NOTICE WAS RECEIVED BY COURT ORDER ON 110910. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE, REFUSAL TO SUBMIT TO THE APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL WITH A $500.00 BOND PER THE BOND SCHEDULE, USING A DRIVER'S LICENSE FROM ANOTHER STATE WHILE FLORIDA DRIVER'S LICENSE WAS UNDER SUSPENSION WITH A $250.00 BOND PER THE BOND SCHEDULE, AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4267-XDX5, WITH A MANDATORY COURT APPEARANCE OF 012011 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC), NUMBER 5354-GJX2, FOR FAILURE TO DRIVE WITHIN A SINGLE LANE WITH A FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ISSUED UTC, NUMBER 5355-GJX3, FOR REFUSAL TO SUBMIT A BLOOD ALCOHOL TEST WITH A MANDATORY COURT APPEARANCE ON 012011 AT 1300 HOURS. HE WAS GIVEN UTC, NUMBER 5357-GJX5, FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY WITH A MANDATORY COURT APPEARANCE OF 012011 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE AND UTC 5358-GJX6, FOR USING A DRIVER'S LICENSE FROM ANOTHER STATE WHILE FLORIDA DRIVER'S LICENSE UNDER SUSPENSION WITH A MANDATORY COURT APPEARANCE OF 012011 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. "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 YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
