| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR08105037) 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 090408 AT 2058 HOURS, I RESPONDED TO THE AREA OF US HIGHWAY 19 AND KINGS BAY DRIVE IN CRYSTAL RIVER TO ASSIST DEPUTY FERGUSON ON A TRAFFIC STOP. THE WEATHER CONDITIONS WERE CLEAR, VISIBILITY WAS GOOD, WIND WAS LIGHT AND THE ROAD SURFACE WAS DRY AND FREE OF ANY OBSTRUCTIONS. DEPUTY FERGUSON ADVISED DISPATCH THAT HE WAS ATTEMPTING TOP PULL OVER A VEHICLE THAT WAS NOT STOPPING. I CAUGHT UP WITH DEPUTY FERGUSON, WHO HAD HIS EMERGENCY WARNING LIGHTS AND SIREN ACTIVATED, JUST SOUTH OF KINGS BAY DRIVE AND US HIGHWAY 19. I OBSERVED THE DRIVER/DEFENDANT'S VEHICLE TRAVELING IN FRONT OF DEPUTY FERGUSON'S PATROL VEHICLE IN THE CENTER LANE. I OBSERVED THE DEFENDANT PULL HIS VEHICLE INTO THE OUTSIDE LANE AND CONTINUE SOUTH ON US HIGHWAY 19. I OBSERVED THE DEFENDANT PULL HIS VEHICLE OFF THE ROAD AT THE SOUTH ENTRANCE TO THE RACE TRAC GAS STATION ON US HIGHWAY 19, CLIMBING OVER THE CURB AND COME TO A STOP, NEARLY STRIKING THE SUPPORT WIRE OF A TELEPHONE POLE. DEPUTY FERGUSON MADE CONTACT WITH THE DRIVER/DEFENDANT, MR JOSEPH CARACCIOLO, AND I APPROACHED THE PASSENGER SIDE OF THE VEHICLE. DEPUTY FERGUSON INSTRUCTED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND STAND IN FRONT OF HIS PATROL VEHICLE. AT THAT TIME, I OBSERVED THAT THE DEFENDANT WAS UNSTEADY IN HIS MOVEMENTS, HIS EYES WERE GLASSY, HIS EYELIDS WERE DROOPY AND HIS SPEECH WAS SLURRED, THICK-TONGUED AND CONFUSED. I ALSO DETECTED A SLIGHT ODOR OF ALCOHOLIC BEVERAGE ON OR ABOUT THE DEFENDANT. WHEN ASKED WHERE HE THOUGHT HE WAS, THE DEFENDANT AT FIRST STATED AT THE CIRCLE K THEN CORRECTED HIMSELF, STATING HE WAS AT THE RACE TRAC, AFTER OBSERVING THE BUSINESS SIGN. THE DEFENDANT WAS ASKED IF HE HAD ANY MEDICAL PROBLEMS, SPECIFICALLY IF HE WAS A DIABETIC, TO WHICH HE RESPONDED HE HAD PROBLEMS WITH HIS EYES WHICH WAS WHY HE WEARS GLASSES. I REQUESTED THE DEFENDANT SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO DRIVE. 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 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. THE DEFENDANT AT FIRST STARED STRAIGHT AHEAD, THEN MOVED HIS EYES SLIGHTLY BUT WAS NEVER ABLE TO FOLLOW THE STIMULUS (PEN.) TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST HIS BALANCE DURING INSTRUCTIONS. ON THE FIRST NINE STEPS, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY STEP BUT DID TOUCH THE INSIDE OF THE HEEL TO THE INSIDE OF THE TOE. THE DEFENDANT STEPPED OFF THE LINE AT STEP EIGHT AND STEP NINE; TOOK AN INCORRECT NUMBER OF STEPS (TEN) AND NEVER TOUCHED HEEL TO TOE ON THE RETURN NINE STEPS. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ON THE FIRST COMMAND TOUCHED WITH THE WRONG HAND; ON THE SECOND COMMAND, STARTED WITH THE WRONG HAND, THEN CORRECTED FOR THE FIRST COMMAND THEN COMPLETED THE SECOND COMMAND. THE DEFENDANT COMPLETED THE REMAINING SLOWLY BUT ACCURATELY. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK. THE DEFENDANT WAS AGAIN ASKED IF HE HAD ANY MEDICAL CONDITIONS AND HE NOW STATED HE TAKES PRESCRIPTION MEDICATION. A CONSENT SEARCH OF THE VEHICLE, REVEALED AN EMPTY PRESCRIPTION BOTTLE TO THE DEFENDANT FOR CARISPRODOL (350 MILLIGRAMS) IN THE CENTER CONSOLE AREA. IN THE GLOVE COMPARTMENT, PRESCRIBED TO THE DEFENDANT WAS ONE EMPTY BOTTLE FOR HYDROCODONE (750 MILLIGRAMS,) TWO EMPTY ALPRAZOLAM, (ONE MILLIGRAM) BOTTLES AND ONE EMPTY MEPRONIDAZOLE (250 MILLIGRAM) BOTTLE TO MS JUDY CARACCIOLO. ATTEMPTS MADE TO CONTACT THE DEFENDANT'S FAMILY TO DETERMINE THE DEFENDANT'S MEDICAL STATUS WERE MET WITH NEGATIVE RESULTS. 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 SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED BY DEPUTY FERGUSON AND LEFT AT THE SCENE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .102 AND .098. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH AN UNLAWFUL BLOOD ALCOHOL LEVEL, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4119-XDX, WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. WHILE AT THE DETENTION FACILITY, CONTACT WAS MADE WITH THE DEFENDANT'S WIFE, WHO STATED THE DEFENDANT WAS ALSO TAKING XANAX. *NOT-EXEMPT* |
