| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR07100945) 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(1)(A) ON 122707, I WAS DISPATCHED TO THE AREA OF CRYSTAL OAKS AS BACKUP ON A TRAFFIC STOP CONDUCTED BY DEPUTY ROWAND. UPON MY ARRIVAL, I MADE CONTACT WITH THE DRIVER/DEFENDANT WHILE DEPUTY ROWAND WAS DOING PAPERWORK. THE DRIVER WAS SMOKING A CIGARETTE AND THEN FLICKED IT OUT THE WINDOW. I ASKED THE DRIVER TO EXIT THE VEHICLE AND PICK UP THE CIGARETTE BECAUSE WHAT HE HAD DONE WITH THE CIGARETTE WAS CONSIDERED LITTERING. IN SPEAKING WITH THE DRIVER, I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH WHICH WAS MASKED BY THE CIGARETTE HE HAD BEEN SMOKING. I ALSO NOTED THE DILATED PUPILS AND COMMENTED ON THIS TO THE DRIVER. HE ADVISED HE WAS ON NO MEDICATION OTHER THAN IBUPROPHEN AND HAD HAD ONE BEER. I ASKED THE DRIVER IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS BECAUSE HE HAD BEEN DRIVING OFF THE ROADWAY, 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 DID NOT OTHER THAN THAT HIS LEFT ANKLE HURT. 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 STARTED PRIOR TO COMPLETION OF THE INSTRUCTIONS. WHILE GIVING THE INSTRUCTIONS, THE DEFENDANT COMPLAINED IT HURT HIS ANKLE TO STAND WITH ONE FOOT IN FRONT OF THE OTHER, AT WHICH POINT HE ADVISED HE WAS UNABLE TO DO THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP FROM RAISING HIS ARMS ABOVE HIS WAIST. HE WAS UNABLE TO KEEP HIS LEFT FOOT OFF THE GROUND FOR MORE THAN THE COUNT OF FOUR. THE DEFENDANT MADE FOUR ATTEMPTS, AT WHICH TIME HE STATED HE WAS UNABLE TO COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO BE GIVEN THE INSTRUCTIONS A SECOND TIME. WHEN HE DID UNDERSTAND THE INSTRUCTIONS, HE MISSED HIS NOSE ON THE THREE ATTEMPTS. ON HIS FIRST ATTEMPT, WITH HIS RIGHT HAND, HE TOUCHED THE BRIDGE OF HIS NOSE. ON THE SECOND ATTEMPT, WITH HIS LEFT HAND, HE TOUCHED THE SIDE OF HIS NOSE. ON HIS THIRD ATTEMPT HE TOUCHED THE UPPER LIP UNDERNEATH HIS NOSE. I CONFIRMED THE INFORMATION ABOUT DRIVING OFF THE ROADWAY WITH DEPUTY ROWAND AND ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FROM DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE AND TAKEN AWAY BY HIS GIRLFRIEND. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED/REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .178 AND .171. 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 8245-XBD, WITH A MANDATORY COURT APPEARANCE ON 011708 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
