| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR10118097) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) ON 112510 AT APPROXIMATELY 0016 HOURS WHILE IN THE AREA OF STATE ROAD 44, I OBSERVED A SILVER IN COLOR DODGE PICKUP TRUCK TRAVELING EASTBOUND ON STATE ROAD 44 WHICH WAS FAILING TO MAINTAIN ITS LANE. THE VEHICLE WAS SWERVING INTO THE TURNING LANE AND INTO THE SLOW LANE. IT SHOULD BE NOTED THERE WAS OTHER TRAFFIC IN THE AREA AROUND THIS TIME. I CONDUCTED A TRAFFIC STOP ON NORTH HEART PATH JUST OFF OF STATE ROAD 44 WITH THE USE OF MY EMERGENCY EQUIPMENT. CONTACT WAS made WITH THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR JOSEPH WALTER PARIS, WHERE I DETECTED A STRONG ODOR OF ALCOHOL. THE DRIVER HAD GLASSY BLOODSHOT EYES AND WHILE SPEAKING WITH THE DRIVER, I ALSO HEARD SLURRED SPEECH. NOTE: EARLIER IN the NIGHT, I HAD CONTACT WITH THIS SUBJECT AND INFORMED HIM THAT HE SHOULD NOT BE DRIVING IN HIS CONDITION. DEPUTY WEATHERFORD THE ARRIVED ON SCENE. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE, TO WHICH HE STATED HE WOULD. 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 HAD A PINCHED NERVE IN HIS BACK AND A PINCHED NERVE IN HIS RIGHT LEG.. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT WALK HEEL TO TOE AND RAISED HIS ARMS TO MAINTAIN HIS BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT HOLD HIS FOOT SIX INCHES OFF OF THE GROUND, WAS ONLY ABLE TO COUNT TO SIX ONE-THOUSAND BEFORE PLACING HIS FOOT BACK ON THE GROUND AND USED HIS ARMS TO MAINTAIN BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING AND DID NOT PROPERLY COMPLETE THE TASK AS INSTRUCTED. TASK FIVE, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ABLE TO RECITE HIS ALPHABET WITHOUT ANY PROBLEMS. AT THAT TIME, 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 TURNER OVER TO HIS BROTHER THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 3042-XDQ9, WITH A MANDATORY COURT APPEARANCE ON 120910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, WARNING NUMBER 306539B, FOR FAILURE TO MAINTAIN A SINGLE LANE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *not-exempt* |
