| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR10116141) 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'S STATE STATUTE 316.193(2)(B)(1). DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA'S STATE STATUTE 322.34(2)(A). did unlawfully and knowingly attach to a motor vehicle or mobile home, to-wit: 753JZX, a license plate or validation sticker to the plate not issued and assigned or lawfully transferred to such vehicle, in violation of Florida'S STATE Statute 320.261. ON 080110 I RESPONDED TO MCDONALD'S IN HOMOSASSA IN REFERENCE TO A DRUNK DRIVER. DISPATCHED ADVISED AN ANONYMOUS CALLER REPORTED A WHITE MINI VAN DRIVING IN AN ERRATIC PATTERN AND STATED THEY HAD PULLED INTO THE MCDONALDS'S PARKING LOT. WHEN I ARRIVED AT THE MCDONALD'S PARKING LOT, I OBSERVED A WHITE MINI VAN IN THE DRIVE THRU BEARING TAG 753JZX. I THEN CONDUCTED A FCIC/NCIC CHECK OF THAT LICENSE PLATE NUMBER WHICH REVEALED THAT THAT LICENSE PLATE WAS NOT ASSIGNED TO THAT VEHICLE. ONCE THE DEFENDANT'S VEHICLE LEFT THE MCDONALD'S PARKING LOT AND TURNED ONTO US HIGHWAY 19, I CONDUCTED A TRAFFIC STOP ON THAT VEHICLE AT US HIGHWAY 19 AND HOMOSASSA TRAIL. I THEN MADE CONTACT WITH THE DEFENDANT/DRIVER, MR JOSE MONTANEZ. I REQUESTED THE DEFENDANT TO PROVIDE HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, TO WHICH HE ADVISED THAT HE DID NOT HAVE ANY OF THOSE ITEMS WITH HIM. I OBSERVED THE DEFENDANT TO BE SWEATING PROFUSELY AND HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HIS BREATH. I ALSO OBSERVED SEVERAL OPEN BEER CANS BEHIND THE DRIVER'S SEAT WHICH HAD CONDENSATION ON THE OUTSIDE OF THE CANS AND WERE COLD TO THE TOUCH. DEPUTY BONURA THEN ARRIVED ON SCENE. DEPUTY BONURA AND I THEN ASKED THE DEFENDANT IF HE WISHED TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE SAID YES AND THEN EXITED HIS VEHICLE. 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 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 DEFENDANT ALSO FAILED TO FOLLOW DIRECTIONS AND TURNED HIS HEAD MULTIPLE TIMES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TAKE ANY STEPS HEEL TO TOE, SWAYED AND USED HIS ARMS FOR BALANCE. THE DEFENDANT ALSO STEPPED OFF OF THE LINE WITH EVERY STEP. THE DEFENDANT DID NOT COUNT ANY STEPS OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, WAS ONLY ABLE TO RAISE HIS LEG FOR TWO SECONDS AND DID NOT COUNT OUT LOUD. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REFUSED TO COMPLETE THIS EXERCISE. A FCIC/NCIC CHECK OF THE DEFENDANT'S DRIVER'S LICENSE REVEALED IT TO BE SUSPENDED AND THE DEFENDANT HAD RECEIVED NOTIFICATION BY COURT ORDER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, DRIVING WHILE LICENSE SUSPENDED AND ATTACHED TAG TO VEHICLE NOT ASSIGNED TO IT. THE DEFENDANT WAS HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE PER HIS REQUEST. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, THE CITRUS COUNTY DETENTION FACILITY STAFF READ THE DEFENDANT 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 WITH THE TEST RESULTS BEING .375 AND .368. THE DEFENDANT'S TOTAL BOND WAS SET AT $5,650.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, NUMBER 4372XDX5 WITH A MANDATORY COURT APPEARANCE OF 081910 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6924FRY5, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED WITH COURT DATE OF 081910 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION NUMBER 6925FRY6 FOR ATTACHED TAG NOT ASSIGNED WITH A COURT DATE OF 081910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 3126GJX6 FOR OPEN CONTAINER (DRIVER) WITH A $166.00 FINE, UNIFORM TRAFFIC CITATION NUMBER 3127GJX7 FOR NO PROOF OF INSURANCE WITH A $116.00 FINE, AND A UNIFORM TRAFFIC CITATION NUMBER 3128GJX8 FOR NO PROOF OF REGISTRATION WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
