| Probable cause affidavit: |
SUBMITTED BY: JONES, JOHN FWC3140 (AR10115666) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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'S STATE STATUTE 327.35(1) ON 070310 AT APPROXIMATELY 1910 HOURS, I WAS ON WATER PATROL IN CITRUS COUNTY IN THE AREA COMMONLY KNOWN AS KINGS BAY. I WAS NOTIFIED BY FISH AND WILDLIFE DISPATCH THAT OFFICER CAVANNA OF THE US FISH AND WILDLIFE WAS REQUESTING ASSISTANCE ON A VESSEL STOPPED NEARBY. FROM MY LOCATION, I COULD OBSERVE THE BLUE LIGHTS ON OFFICER CAVANNA'S VESSEL AND I PROCEEDED TO ASSIST HIM. UPON ARRIVAL, I MET WITH OFFICER CAVANNA, WHO STATED HE OBSERVED THE VESSEL BEING OPERATED IN A CARELESS MANNER AND THAT DURING HIS ENCOUNTER WITH THE OPERATOR, LATER IDENTIFIED AS MR JONATHAN WALDRON, BASED ON HIS TRAINING AND EXPERIENCE, HE FELT THAT MR WALDRON WAS IMPAIRED AND HAD BEEN DRINKING. AT THAT POINT, I TOOK OVER THE INVESTIGATION OF HIS IMPAIRMENT AND EXPLAINED TO MR WALDRON THAT I WAS GOING TO ASK HIM TO PERFORM SOME FIELD SOBRIETY TASKS. I ASKED IF HE UNDERSTOOD, TO WHICH HE REPLIED YES. I ASKED MR WALDRON TO STEP ON MY PATROL BOAT AND ASSISTED HIM IN DOING SO. MR WALDRON HAD A STRONG ODOR CONSISTENT WITH SOMEONE WHO HAD BEEN DRINKING ALCOHOLIC BEVERAGES, HIS EYES WERE GLASSY AND BLOODSHOT AND HE HAD SLURRED SPEECH. PRIOR TO BEGINNING THE FIELD SOBRIETY TASKS, I ASKED THE PRELIMINARY SCREENING QUESTIONS OF WHICH HE REPLIED NO TO ALL THE QUESTIONS. MR WALDRON WAS PLACED IN A SEATED POSITION ON MY PATROL BOAT UNDER THE BIMINI TOP. 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. THE TASK WAS COMPLETED PROPERLY. TASK TWO, PALM PAT. THIS TASKS DIRECTION WAS READ AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT SPEED UP, HAD SEVERAL IMPROPER COUNTS, WAS HITTING THE SIDE OF HIS HANDS AND HESITATED TWICE DURING THE TASK. TASK THREE, FINGER COUNT. THIS TASKS DIRECTION WAS READ AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISCOUNTED HIS FINGERS BY COUNTING 4,3,1,2 THEN BACK 1,2,4 (MISSED 3), DID NOT SPEED UP DURING THE TASK AND DID IMPROPER FINGER TOUCH DURING THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASKS DIRECTION WAS READ AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED HIS NOSE WHILE ATTEMPTING TO TOUCH IT WITH HIS LEFT HAND. THROUGHOUT THE TASK, HE DID NOT RETURN HIS HAND TO HIS SIDE ONE TIME. TASK FIVE, THE ALPHABET RECITE. THIS TASKS DIRECTION WAS READ AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HE KNEW THE ALPHABET AND HE WAS ASKED TO SAY IT FROM A TO Z WITHOUT SINGING IT. HE MISSED ONE LETTER "L". TASK SIX, THE BACKWARDS COUNT. THIS TASKS DIRECTION WAS READ AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED TO COUNT BACKWARDS FROM 89 TO 65 WITHOUT STOPPING. DURING THIS TASK, THE DEFENDANT MISSED 88, HESITATED BETWEEN 83 AND 82, MISSED 78 AND 77, HESITATED BETWEEN 73 AND 72, AND HE STOPPED THE TASK AT THAT TIME AND ASKED IF HE COULD START OVER. I ONCE AGAIN ASKED HIM TO START OVER AND COUNT FROM 89 TO 65 WITHOUT STOPPING. THE DEFENDANT AGAIN MISSED 88, 77, STOPPED AND SAID HE COULD NOT DO ANY MORE AND HE WAS DRUNK AND I NEEDED TO TAKE HIM TO JAIL. AT THAT POINT THE DEFENDANT REFUSED TO CONTINUE WITH THE REMAINING TASKS. AT THIS TIME I ADVISED MR WALDRON THAT I HAD PROBABLE CAUSE TO BELIEVE HE WAS OPERATING HIS VESSEL IMPAIRED, HE WAS REMOVED FROM MY PATROL BOAT. AT WHICH TIME, I WAS ATTEMPTING TO PUT HANDCUFFS ON HIM WHEN HE URINATED ON HIMSELF. HE WAS PLACED IN HANDCUFFS, BEHIND HIS BACK, DOUBLE LOCKED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY A CITRUS COUNTY DEPUTY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, HE WAS READ HIS IMPLIED CONSENT BY OFFICER CECIL FERIS AND HE WAS ASKED TO SUBMIT TO AN APPROVED TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT. THE DEFENDANT DID SUBMIT TO THE TEST AND THE RESULTS WERE .173 AND .178. I RECEIVED A SWORN WRITTEN STATEMENT FROM US FISH AND WILDLIFE OFFICER CAVANNA WHO ADVISED THAT HE WITNESSED THE DEFENDANT OPERATING THE VESSEL. OFFICER CAVANNA'S CONTACT INFORMATION IS 1502 KINGS BAY DRIVE, CRYSTAL RIVER FL 34428 352-563-2088. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VESSEL WAS TURNED OVER TO ONE OF THE PASSENGERS ON BOARD. THE DEFENDANT WAS ISSUED A FLORIDA BUI UNIFORM TRAFFIC CITATION, NUMBER V216139 WITH A MANDATORY COURT APPEARANCE OF 072210 AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
