| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR16-21094) 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 092516, AT APPROXIMATELY 0144 HOURS, I WAS TRAVELING NORTHBOUND ON SOUTH SUNCOAST BOULEVARD APPROACHING KINGS BAY DRIVE, WHEN I NOTICED A RED SEDAN DRIVING NORTHBOUND IN THE SOUTHBOUND LANE AT APPROXIMATELY 45 MILES PER HOUR. I IMMEDIATELY ACTIVATED MY EMERGENCY EQUIPMENT, TO INCLUDE MY LIGHTS AND SIRENS, AND PARALLELED THE VEHICLE UNTIL WE APPROACHED NORTHEAST 5TH STREET. DURING THIS TIME, THE VEHICLE HAD ITS RIGHT TURN SIGNAL ON AND WENT FROM THE SOUTHBOUND LANES ACROSS THE NORTHBOUND LANE AND INTO THE EAST TURN LANE FOR NORTHEAST 5TH STREET. AT THAT TIME, THERE WERE SEVERAL UNITS PARKED WITH THEIR LIGHTS ON AND THE VEHICLE CONTINUED TO TRAVEL EASTBOUND ON NORTHEAST 5TH STREET AT APPROXIMATELY 5 MILES PER HOUR. THE VEHICLE THEN PULLED INTO THE CVS PARKING LOT AND CONTINUED TO ROLL AT A SLOW SPEED EVEN THOUGH SEVERAL DEPUTIES WERE SHOUTING AT THE DRIVER TO STOP THE VEHICLE. ONCE THE VEHICLE CAME TO A COMPLETE STOP, THE ONLY OCCUPANT (A WHITE MALE), LATER IDENTIFIED AS THE DEFENDANT, MR JONATHAN PERRONE WAS REMOVED FROM THE VEHICLE AND HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. AT THAT TIME, I READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE UPON HIS BREATH. I THEN ASKED THE DEFENDANT WHY HE WAS DRIVING NORTHBOUND IN THE SOUTHBOUND LANES. THE DEFENDANT ADVISED HE DID NOT KNOW. AT THAT TIME, I ASKED IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE AGREED. THE DEFENDANT WAS UNSECURED AND I BEGAN THE SOBRIETY TASKS. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. EACH TIME THE DEFENDANT PERFORMED THE TASK HE MOVED HIS HEAD. THIS TASK WAS CONDUCTED TWO TIMES. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT REMOVE HIS FINGER FROM HIS NOSE AND PLACE IT OUT TO HIS SIDE ON ALL THREE ATTEMPTS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD HIS LEFT FOOT ABOVE THE GROUND; HOWEVER, HE ATTEMPTED THREE DIFFERENT TIMES. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS TURNED OVER TO CORRECTION OFFICER MCCAZZIO. THE DEFENDANT WAS THEN READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .157 AND .166. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4749-XDX 7, WITH A MANDATORY COURT APPEARANCE OF 101316 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A1BTMMP, FOR WRONG LANE TRAVEL WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
