| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (AR13-5814) 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 052913, WHILE DRIVING NORTH ON SOUTH SUNCOAST BOULEVARD PASSING WEST CARDINAL STREET, I OBSERVED A PAIR OF HEADLIGHTS TRAVELING SOUTHBOUND IN THE NORTHBOUND LANES. AS THE VEHICLE HEADING SOUTH WAS APPROACHING, I CHANGED LANES, AT WHICH TIME THE DRIVER FLASHED HIS HIGH BEAMS AT ME AND WHICH TIME I ACTIVATED MY EMERGENCY EQUIPMENT. AS I TURNED AROUND, I OBSERVED A LIGHT BLUE FOUR-DOOR CAR TURNING EAST ON WEST CARDINAL STREET. AFTER TURNING EAST, THE DRIVER MADE AN ABRUPT TURN INTO THE CIRCLE K WHERE HE CAME TO A STOP IN A PARKING SPACE DIRECTLY IN FRONT OF THE DOORS TO THE STORE. THE VEHICLE IN QUESTION WAS BEARING FLORIDA TAG BSKZ21. AS I APPROACHED THE DRIVER SIDE WINDOW, I OBSERVED A MALE THAT STATED âIâM SORRY, I SWERVED TO NOT HIT A DEERâ. I ADVISED THE DRIVER THAT HIGHWAY 19 WAS A FOUR LANE ROAD WITH AN APPROXIMATE TEN FOOT MEDIAN AND HE STATED NO IT WAS A TWO LANE ROAD WITH NO MEDIAN. I THEN ASKED THE DRIVER FOR HIS DRIVERâS LICENSE, REGISTRATION AND PROOF OF INSURANCE. WHILE THE DRIVER WAS TRYING TO LOCATE HIS DRIVERâS LICENSE, HE PASSED IT APPROXIMATELY THREE TIMES IN HIS WALLET AND ATTEMPTED TO HAND ME A CREDIT CARD. I THEN ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE ADVISED âIâVE HAD A FEWâ. AT THAT TIME THE DEFENDANT HANDED ME HIS FLORIDA DRIVERâS LICENSE WITH HIS NAME, JONATHON CLARK, AND REGISTRATION AND PROOF OF INSURANCE. I THEN ASKED THE DRIVER IF HE COULD STEP OUT OF THE VEHICLE AND PERFORM SOME SOBRIETY TASKS. THE DRIVER STATED âIâVE NEVER DONE IT BEFORE BUT LETS GIVE IT A SHOTâ. WHILE SPEAKING WITH THE DEFENDANT I COULD SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM HIS VEHICLE AND HIS BREATH. ALSO THE DEFENDANT HAD VERY SLOW MOVEMENTS AND ANSWERED EVERY QUESTION BY REPEATING MY QUESTION TO HIM. PRIOR TO PERFORMING 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 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 TASK WAS BEING PERFORMED THE DEFENDANT SWAYED BACK AND FORTH AND SEPARATED HIS FEET FOR BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK THE FIRST SET OF NINE HEEL TO TOE STEPS DOWN THE LINE USING HIS ARMS FOR BALANCE, STEPPED OFF ON NUMBERS 3, 5 AND 7 AND DID NOT DO THE NINE RETURN STEPS. THE DEFENDANT STATED AS FAR AS HE KNEW HE WAS DONE WITH THE TASKS AND HE DID NOT WANT ME TO EXPLAIN IT TO HIM AGAIN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON NUMBERS 18, 19, 20 AND 21, SKIPPED OVER NUMBERS 22, 25, 27, 28 AND 30. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE IN THE PARKING LOT. 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 .069 AND .065. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION, CITATION NUMBER 0955GQGX, FOR DUI, WITH A MANDATORY COURT APPEARANCE ON 061313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0954GQG9, FOR RECKLESS DRIVING, WITH A MANDATORY COURT APPEARANCE ON 061313 AT 1300 HOURS. |
