| Probable cause affidavit: |
SUBMITTED BY: REID, JUSTIN 0706 (AR11120967) 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 052611 AT APPROXIMATELY 0535 HOURS, I WAS DISPATCHED TO THE VICINITY OF NORWEST 6TH STREET AND NORTHWEST 8TH AVENUE IN CRYSTAL RIVER, IN REFERENCE TO A VEHICLE ACCIDENT. UPON ARRIVAL, I OBSERVED A BLUE FOUR DOOR VOLKSWAGEN CAR THAT WAS WRECKED HEAD ON INTO A CONCRETE POST IN FRONT OF A FIRE HYDRANT. I THEN OBSERVED THE DEFENDANT, MR JOSHUA MOTLEY, PASSED OUT BEHIND THE STEERING WHEEL WITH THE VEHICLE STILL RUNNING AND HIS RIGHT FOOT STILL PRESSING ON THE GAS CAUSING THE FRONT LEFT TIRE OF THE VEHICLE TO SPIN. ALL OF THE DOORS TO THE VEHICLE WERE LOCKED SO I TRIED TO GET THE DEFENDANT TO RESPOND BY BANGING ON THE WINDOWS AND YELLING LOUDLY AT HIM. HE DID NOT RESPOND SO I BEGAN TO SHAKE HIS VEHICLE IN A SIDE TO SIDE MOTION STILL WITH NO RESPONSE. BEING CONCERNED FOR THE DEFENDANT, I THEN BROKE OUT THE FRONT PASSENGER SIDE WINDOW WITH MY AGENCY ISSUED EXTENDABLE BATON AND UNLOCKED THE DOORS. THE DEFENDANT THEN WOKE UP AND ASKED WHAT WAS GOING ON. I THEN MADE CONTACT WITH THE DEFENDANT AND IMMEDIATE DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. THE DEFENDANT'S EYES APPEARED TO BE GLASSY AND WATERY AND HIS SPEAK WAS SLIGHTLY SLURRED. I THEN QUESTIONED MR MOTLEY ABOUT THE TRAFFIC CRASH AND HE STATED HE WAS IN VIRGINIA AND HEADING TO VIRGINIA BEACH. WHEN THE DEFENDANT WAS ASKED IF HE HAD ANYTHING TO DRINK, HE STATED HE STARTED DRINKING LAST NIGHT (052511) AT APPROXIMATELY 2200 HOURS, AND STOPPED AT APPROXIMATELY 2300 HOURS. I ASKED THE DEFENDANT IF HE HAD ANY DISABILITIES WHATSOEVER THAT WOULD PREVENT HIM FROM PERFORMING ANY FIELD SOBRIETY TASK, AT WHICH TIME, HE SAID 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO TOUCH HEAL TO TOE A SINGLE TIME. THE DEFENDANT STEPPED OFF THE YELLOW LINE SEVERAL TIMES AND HAD TO RAISE BOTH ARMS OVER SIX INCHES IN ORDER TO CATCH HIS BALANCE. DURING THIS TASK THE DEFENDANT BECAME FRUSTRATED AND GAVE UP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS FOOT DOWN ON THE FORTH COUNT. THE DEFENDANT ATTEMPTED THIS TASK APPROXIMATELY THREE TIMES PLACING HIS FOOT DOWN ON THE FORTH COUNTY EACH TIME AND STARTING OVER. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD TOUCH HIS TOP LIP WITH HIS FINGER AND APPEARED TO BE VERY OFF BALANCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN THE CUSTODY OF DEPUTY MENDOZA (0738) TO AWAIT THE ARRIVAL OF GREG'S CAR CARE AND TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .216 & .206. 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, NUMBER 3162XDQ5 WITH A MANDATORY COURT APPEARANCE OF 061411 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. "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* |
