| Probable cause affidavit: |
SUBMITTED BY: CRAMER, TIMOTHY 2628 (AR13-4961) 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; AND THE DEFENDANT did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired and by reason of such operation, did cause damage TO the property of another, to-wit: A CITRUS COUNTY SHERIFF'S OFFICE PATROL VEHICLE AND A PRIVATE CITIZENâS VEHICLE, in violation of Florida Statute 316.193(3)(A)(B)(C)(1). ON 032313, AT APPROXIMATELY 0345 HOURS, A TRAFFIC CRASH occurred AT 6187 EAST SLATE STREET IN INVERNESS, FLORIDA, CITRUS COUNTY. THIS CRASH INVOLVED THREE VEHICLES. ONE WAS A PICKUP TRUCK THE DEFENDANT, MR JUSTIN ANDERSON, WAS DRIVING. ONE WAS A PARKED CITRUS COUNTY SHERIFF'S OFFICE PATROL VEHICLE, AND THE OTHER WAS another VEHICLE PARKED BESIDE THE PATROL VEHICLE. THE DEFENDANT WENT OFF THE ROADWAY TRAVELING EASTBOUND ON SLATE STREET, STUCK A TREE, AND THEN THE PATROL VEHICLE, WHICH PUSHED THE PATROL VEHICLE INTO THE OTHER VEHICLE. AFTER CONCLUDING MY TRAFFIC CRASH INVESTIGATION AT 0436 HOURS, I ADVISED THE DEFENDANT THAT I WAS THROUGH WITH MY CRASH INVESTIGATION AND WAS BEGINNING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI) BASED ON THE SMELL OF ALCOHOL ON HIS BREATH. I THEN READ THE DEFENDANT HIS MIRANDA WARNING AT 0437 HOURS, AT WHICH TIME, HE DECIDED TO INVOKE HIS RIGHT AND DID NOT WISH TO ANSWER ANY QUESTIONS. I ADVISED THE DEFENDANT THAT I DID OVERHEAD HIM SPEAKING TO HIS MOTHER ON HIS CELL PHONE AND HEARD HIM STATE THAT HE JUST CRASHED INTO A PATROL VEHICLE BECAUSE HE WAS DRIVING DRUNK, WHICH WAS A SPONTANEOUS UTTERANCE. I ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY EXERCISES TO DETERMINE WHETHER OR NOT HE WAS IMPAIRED, WHICH HE AGREED TO PERFORM. AT THAT TIME, 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 THAT 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. WHILE PERFORMING THE EXERCISE THE DEFENDANT WAS UNSTEADY ON HIS FEET. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE RAISING THEM MORE THAN SIX INCHES FROM HIS SIDE THROUGHOUT THE ENTIRE EXERCISE. AFTER WALKING THE FIRST SET OF NINE STEPS THE DEFENDANT WAS UNSTEADY DURING THE TURN AND BETWEEN STEPS TWO AND THREE ON THE WAY BACK HE LIFTED HIS RIGHT FOOT AND NEARLY LOST BALANCE BEFORE PROCEEDING AGAIN AND FINISHING UP THE NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED OFF LOSING HIS BALANCE IMMEDIATELY BEFORE EVEN STARTING THE EXERCISE. AT 1009 HE NEARLY LOST HIS BALANCE AND CONTINUED WITH THE EXERCISE. AT 1023 HE REPEATED 1023 TWICE THEN SAID 1024 AND SKIPPED STRAIGHT TO 1028. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO 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 TOWED BY SCALLYâS 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 .198 AND .194. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DUI WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH ONE COUNT OF DUI with PROPERTY DAMAGE WITH A $250.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 2719XBO8, AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 5605WPC7, FOR PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE OF 040813, AT 0830 HOURS, AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED UTC NUMBER 5606WPC8, FOR CARLESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
