| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR-4771) (13-31137) DID UNLAWFULLY DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WITHIN THE STATE OF FLORIDA, WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY CHEMICAL SUBSTANCE SET FOURTH IN S. 877.111, OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893, WHEN AFFECTED TO THE EXTENT THAT HIS NORMAL FACULTIES WERE IMPAIRED, OR WITH A BLOOD OR BREATH ALCOHOL LEVEL OF 0.08 PERCENT OR HIGHER, IN VIOLATION OF FLORIDA STATUES 316.193(1) AND 316.193 (2) (A). ON 030813, I WAS SITTING IN THE MEDIAN ON US HIGHWAY 19 AND WEST LONGFELLOW STREET. THE DEFENDANT JOSHUA ALFRED CARRERAS WAS DRIVING NORTH BOUND ON US HIGHWAY 19 IN 2002 TOYOTA CAMRY SILVER IN COLOR BEARING FLORIDA TAG SJZ1P. AS THE VEHICLE WENT BY I COULD HEAR A LOUD NOISE COMING FROM IT. AS I LOOKED I NOTICED THAT THE DRIVERS SIDE FRONT TIRE WAS GONE AND THE DEFENDANT WAS DRIVING ON THE RIM. I THEN ATTEMPTED TO CATCH UP TO HIM AND AS I DID HE TURNED HIS LEFT TURN SIGNAL ON TWO DIFFERENT TIMES AND EVEN SLOWED DOWN. I THEN ACTIVATED MY EMERGENCY BLUE AND RED LIGHTS AND CONDUCTED A TRAFFIC STOP IN FRONT OF THE CRYSTAL CHEVY DEALERSHIP. AS THE DEFENDANT PULLED OVER HE THREW A LIT CIGARETTE OUT OF THE DRIVERS WINDOW. AS I MADE CONTACT WITH HIM I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ASKED HIM FOR HIS DRIVERS LICENSE TO WHICH HE PROVIDED. I THEN ASKED WHERE HE WAS GOING AND HE STATE HOME. I ASKED IF HE HAD BEEN DRINKING AND HE STATED THAT HE HAD FOUR BEERS. I THEN SAID DO YOU KNOW YOUR TIRE IS GONE AND HE LOOKED AT ME WITH A BLANK STARE. I THEN RAN HIS DRIVERS LICENSE STATUS AND IT CAME BY VALID. AT THIS TIME I ASKED THE DEFENDANT / DRIVER JOSHUA ALFRED CARRERAS IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS AND HE ASKED ME WHAT THOSE WERE, HE THEN STATED THAT HE WOULD. I HAD HIM STEP FROM THE CAR AND TO THE SIDE OF THE ROAD. I ASKED THE DEFENDANT IF HE HAD ANY MEDICAL CONDITIONS THAT WOULD PREVENT HIM FROM COMPLETING THE TASKS TO WHICH HE STATED NO. AS I WAS SPEAKING TO HIM HE WAS SWAYING. HIS EYES WERE BLOODSHOT AND HIS CLOTHING WAS IN DISARRAY. THE ODOR OF ALCOHOL WAS STRONG. PRIOR TO STARTING THE TASKS I ASKED THE DEFENDANT IF HE HAD ANY MEDICAL CONDITIONS OR PROBLEMS WITH HIS LEGS OR ANYWHERE ELSE TO WHICH HE STATED NO. I ALSO ASKED HIM WHAT HIS LEVEL OF EDUCATION WAS AND HE STATED SOME COLLEGE. I ASKED HIM IF HE KNEW HIS ABCâS TO WHICH HE STATED YES. TASK ONE: HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT JOSHUA CARRERAS HAD NO PROBLEMS WITH HIS EYES AND THAT HE DID NOT WEAR CORRECTIVE LENSES. 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 DURING THIS TASK ALSO COULD NOT FOLLOW DIRECTIONS DUE TO THE FACT HE WOULD MOVE HIS HEAD TO FOLLOW THE STIMULUS PEN AND WAS SWAYING. TASK TWO: WALK AND TURN. PRIOR TO PERFORMING THE TASK THE DEFENDANT JOSHUA CARRERAS WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTAND THEM. THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS. HE WAS ASKED TO PLACE HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT. WHILE WALKING THE DEFENDANT USED HIS ARMS FOR BALANCE DURING THE ENTIRE TASK. HE WAS ALSO SWAYING AND WHEN HE ROTATED AFTER STEP TEN HE LOST HIS BALANCE STEPPING BACKWARDS ONE STEP. AS HE WALKED UP THE LINE HE DID NOT TOUCH HIS HEEL TO TOE ON ANY STEP. COMING BACK DOWN THE LINE THE DEFENDANT DID NOT COUNT OUT LOUD AS STATED IN THE INSTRUCTIONS AND HE AGAIN USED HIS ARMS FOR BALANCE AND WAS SWAYING. ADDITIONALLY HE DID NOT TOUCH HIS HEEL TO TOE AS INSTRUCTED AND TOOK ELEVEN STEPS. TASK THREE: ONE LEG STAND. THE DEFENDANT JOSHUA CARRERAS WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT RAISED HIS RIGHT LEG AND STARTED TO COUNT OUT LOUD. AS HE FINISHED NUMBER ONE HE PUT HIS FOOT DOWN. HE AGAIN PUT HIS FOOT DOWN ON SIX, NINE AND TEN. HE USED HIS ARMS FOR BALANCE AND COULD NOT FINISH THE TASK. TASK FOUR: FINGER TO NOSE. PRIOR TO PERFORMING THE TASK THE DEFENDANT JOSHUA CARRERAS WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. HE WAS VISIBLY SWAYING STANDING STILL. I ASKED HIM TO START WITH HIS LEFT ARM AND HE STOOD THERE FOR 20 SECONDS. I THEN ASKED HIM TO DO HIS RIGHT AND HE STOOD THERE AGAIN. AFTER REPEATING THIS AGAIN WITH HIS LEFT ARM I ASK IF HE UNDERSTOOD THE INSTRUCTIONS AND HE STATED YES THAT HE WAS WAITING FOR ME TO TELL HIM WHAT TO DO. HE COULD NOT FINISH THE TASK. TASK FIVE: ROMBERG RECITATION. PRIOR TO PERFORMING THE TASK I ASKED THE DEFENDANT JOSHUA CARRERAS IF HE KNEW HIS ABCâS TO WHICH HE STATED YES. I EXPLAINED THE INSTRUCTIONS TO HIM AND ASKED HIM TO RECITE THE ALPHABET FROM BEGINNING TO END IN A NON- RHYTHMIC MANNER, WHICH MEANT DO NOT RHYTHM IT OR SIGN IT, TO JUST SIMPLY SAY IT. HE STATED THAT HE UNDERSTOOD. WHILE PERFORMING THE TASK HE WAS SWAYING. THE DEFENDANT PERFORMED THE TASK AND WHEN HE GOT TO THE LETTER D HE STOPPED AND ASKED WHAT HE WAS SUPPOSE TO DO. AFTER EXPLAINING AGAIN HE STARTED AND WHEN HE GOT TO THE END HE STATED L, M, O, P, T, V, W, X, Y, Z. AT THIS TIME I HAD THE DEFENDANT STEP TO THE SIDE OF MY PATROL VEHICLE. I THEN INFORMED HIM THAT I WAS PLACING HIM UNDER ARREST AND HANDCUFFED HIM BEHIND HIS BACK AND DOUBLE LOCKED THE HANDCUFFS. HE WAS THEN PLACED IN THE REAR OF MY PATROL CAR. THE DEFENDANT JOSHUA CARRERAS WAS THEN READ HIS IMPLIED CONSENT WARNINGS FROM A PRE PRINTED TEXT. HE STATED THAT HE DID NOT UNDERSTAND AND I AGAIN READ IT. HE KEPT STALLING WITH QUESTIONS AS TO WHAT A BREATH TEST WAS. AFTER READING AND EXPLAINING TWO MORE TIMES I INFORMED HIM THAT IT WOULD BE A REFUSAL. AT THIS TIME THE DEFENDANT JOSHUA CARRERAS WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS BOOKED AND PROCESSED. WHILE AT THE DETENTION FACILITY, THE DEFENDANT WAS ADMINISTERED A BREATHALYZER TEST BY THE JAIL PERSONNEL AND THE RESULTS WERE A .164 AND .165 THE DEFENDANTS BOND PER THE BOND SCHEDULE WAS AS FOLLOWS: DRIVING UNDER THE INFLUENCE (FIRST OFFENSE)- $500.00. THE DEFENDANT JOSHUA CARRERAS WAS ALSO ISSUED THE FOLLOWING CIVIL FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6944-WQB7 FOR DRIVING ON A FLAT TIRE WITH A CIVIL FINE OF $116.00 AND CIVIL FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6945-WQB8 FOR LITTERING WITH A CIVIL FINE OF $160.50 BOTH PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY CLERK OF THE COURT. HE WAS ALSO ISSUED A CRIMINAL FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7232-XGA8 FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT DATE OF 032113 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. |
