| Probable cause affidavit: |
SUBMITTED BY: DUNIGAN, RONNIE FHP8398 (AR08103799) 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 061908, AT 0548 HOURS, I WAS DIRECTED TO COUNTY ROAD 491 AND WEST WHISPERING OAK LOOP TO INVESTIGATE A VEHICLE CRASH. UPON ARRIVAL, I MADE CONTACT WITH TROOPER DAWAYNE MADDUX (ID 1183), WHO HAD MR FOLEY SITTING IN THE REAR SEAT OF HIS PATROL VEHICLE. TROOPER MADDUX ADVISED HE HAD JUST ARRIVED AT THE SCENE AND HAD BEEN NOTIFIED BY CITRUS COUNTY SHERIFF'S OFFICE DEPUTY BOBBY PRICE (ID 0411), WHO HAD DRIVEN UP ON THE SCENE OF THE CRASH AND FOUND THE DEFENDANT SLEEPING BEHIND the WHEEL WITH THE KEYS IN THE IGNITION. I HAD MR FOLEY EXIT THE VEHICLE AND CONVERSED WITH HIM REGARDING THE CAUSE OF THE CRASH. MR FOLEY STATED HE HAD GOTTEN OFF WORK AT APPLEBEE'S AT APPROXIMATELY 2200 HOURS, WENT TO A FRIEND'S RESIDENCE AND HAD DRUNK SEVERAL BEERS. HE STATED HE WAS ON HIS WAY HOME AND FOR AN UNKNOWN REASON, HE WENT OFF THE ROADWAY, STRIKING A TREE, A WOODEN FENCE, AND A UTILITY POLE. THE DEFENDANT ADVISED HE IS UNSURE WHAT TIME THIS OCCURRED. WHEN DEPUTY PRICE ARRIVED AT THE SCENE OF THE CRASH, HE THEN NOTIFIED FLORIDA HIGHWAY PATROL, AND TROOPER MADDUX ARRIVED JUST MINUTES PRIOR TO MY ARRIVAL. TROOPER MADDUX THEN CHECKED THE DEFENDANT FOR POSSIBLE INJURIES, AT WHICH TIME, HE SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S PERSON. WHILE I WAS CONVERSING WITH MR FOLEY, I ALSO DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM MR FOLEY'S MOUTH AND PERSON. I THEN OBTAINED THE NECESSARY INFORMATION TO CONDUCT A TRAFFIC CRASH INVESTIGATION. I THEN ADVISED MR FOLEY THAT I WAS CONDUCTING A CRIMINAL INVESTIGATION REFERENCE A POSSIBLE DRIVING WHILE UNDER THE INFLUENCE (DUI). I ASKED THE DEFENDANT TO COMPLETE A VOLUNTARY ROADSIDE TASK FOR ME AND HE AGREED. IT IS TO BE NOTED THE ROADWAY WAS WET AS THERE WAS A LIGHT RAIN. THE AREA WE WERE IN CONSISTED OF A SLIGHT INCLINE WHICH WAS MUD AND THE ROADWAY HAD MORNING TRAFFIC ON IT AND WAS NOT USABLE FOR A ROADSIDE TASK. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES OR ANY EYE PROBLEMS THAT WOULD NOT ALLOW HIM TO PERFORM THE SOBRIETY TASK, 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. THERE WAS NO FURTHER PHYSICAL TASKS CONDUCTED DUE to the MUD; HOWEVER, A VOLUNTARY ALCOHOL SENSOR WAS OFFERED TO THE DEFENDANT WITH THE UNDERSTANDING THAT THE RESULTS WOULD NOT BE USED IN COURT BUT THEY WOULD BE USED AGAINST HIM IN THE DETERMINATION OF AN ARREST. THE DEFENDANT STATED HE UNDERSTOOD AND AGREED AND THE TEST WAS CONDUCTED BY TROOPER MADDUX. I THEN ADVISED MR FOLEY OF HIS IMPLIED CONSENT AND ADVISED HIM I WAS PLACING HIM UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE (DUI) AND REQUESTED HE SUBMIT TO A LAWFUL BREATH TEST TO DETERMINE THE ALCOHOL CONTENT OF HIS BREATH, TO WHICH HE STATED HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. HE WAS THEN PLACED IN THE REAR SEAT OF TROOPER MADDUX'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR LAWFUL ALCOHOL TESTING AND BOOKING. . THE DEFENDANT WAS NOT READ HIS MIRANDA WARNINGS NOR WERE ANY QUESTIONS ASKED AT THE SCENE. 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 TEST RESULTS OF .10 AND .11. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE AND ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION 167733-J, AND UNIFORM TRAFFIC CITATION 9357-SLJ FOR CARELESS DRIVING RESULTING IN A CRASH PAYABLE IN THE AMOUNT OF $123.50, AND UNIFORM TRAFFIC CITATION 938SLJ FOR NO SEAT BELT PAYABLE IN THE AMOUNT OF $76.50, WITH A MANDATORY COURT APPEARANCE OF 071308, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
