| Date of birth: | Feb 2, 1942 |
| Probable cause affidavit: | submitted by: DAVENPORT, JOSHUA J FHP (AR13-8510) 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 the above date and time in Citrus County, Florida, the Defendant did unlawfully operate a motor vehicle, a 2003 Ford F-150, red in color, bearing Florida tag A877BX, in violation of Florida state statute 316.193. While on routine patrol, I was traveling behind the Defendant's vehicle on South Old Floral City Road and observed the Defendant's vehicle swerve to the left over the double yellow solid fog line approximately eight separate times with his left rear wheel. I then conducted a traffic stop on the Defendant for failure to maintain a lane and to check on the welfare and condition of the Defendant. Upon making contact with the Defendant, he had the strong odor of an alcoholic beverage emitting from his person, and bloodshot/watery eyes. The Defendant had poor balance to the extent that his normal faculties were impaired. The Defendant was given the opportunity to perform some field sobriety evaluations (SFSE). The Defendant did perform these evaluations. At the conclusion of these evaluations, the Defendant was lawfully placed under arrest at 1926 HOURS FOR DRIVING UNDER THE INFLUENCE (DUI). The defendant was also informed verbally that he was being placed under arrest for DUI. The Defendant was then read implied consent And the Defendant was advised of his Miranda rights at 1927 HOURS . The SFSE's which were administered were as follows: the first SFSE was horizontal gaze nystagmus. the Defendant had lack of smooth pursuit in both the left and right eye. The Defendant also had distinct jerking at maximum deviation in both the left and right eye. The defendant also had nystagmus prior to A 45 degree angle in both the left and right eye. The Defendant failed to follow instructions and moved his head to follow the light multiple times. The second SFSE performed by the Defendant was the walk and turn evaluation. The Defendant performed this evaluation poorly. The Defendant could not stand in the starting position and failed to keep his balance during the evaluation stepping off the line multiple times and stopping during the evaluation. The third SFSE performed was the one leg stand. The Defendant performed poorly. The Defendant could not perform this evaluation stating "I'm feeling good" and that he could not do it. The Defendant could not balance on one leg and put his foot down on both attempts. The Defendant was given the chance to take a breath test, at which time the Defendant agreed to give a breath sample to determine his BLOOD ALCOHOL CONTENT (BAC) LEVEL. The test was given at the Citrus County DETENTION FACILITY. The result of the breath test were .095 and .099/210 L of breath. The Defendant was IDENTIFIED by his FLORIDA DRIVER'S LICENSE. THE DEFENDANTâS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
| Inmate name: | JOSEPH J NICIFORO |
| Arrest number: | 8510 |
| Arrest date: | Dec 28, 2013 |
| Arrest type: | Misdemeanor |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - Alcohol, Drugs, or Chemical Impairment |
| Bond amount: | $500 |
