| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR10118312) 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) ON 120910 AT 2307 HOURS, I RESPONDED TO US HIGHWAY 19 AND WEST STATE PARK STREET IN CRYSTAL RIVER TO BACK UP DEPUTY CHENOWETH ON A TRAFFIC STOP. UPON MY ARRIVAL, DEPUTY CHENOWETH ADVISED WHEN HE MADE CONTACT WITH THE DRIVER OF THE VEHICLE, WHO WAS IDENTIFIED AS THE DEFENDANT MR JUSTIN NIX, HE COULD SMELL THE STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. I WAS ALSO ADVISED BY DEPUTY CHENOWETH THAT MR NIX'S EYES WERE GLASSY AND BLOODSHOT AND HIS SPEECH WAS SLURRED. I WAS ADVISED THAT MR NIX HAD BEEN STOPPED FOR FAILURE TO USE THE DESIGNATED TRAFFIC LANE. DEPUTY CHENOWETH ADVISED THAT THERE WAS NO TAG LIGHT ON THE VEHICLE. I WAS ALSO ADVISED THAT MR NIX'S DRIVER'S LICENSE HAD BEEN EXPIRED SINCE 081308 AND THAT MR NIX WAS DRIVING A TEAL IN COLOR 1997 CHEVROLET BLAZER BEARING A FLORIDA TEMPORARY TAG ALJ6578. AS I MADE CONTACT WITH MR NIX, I COULD SMELL THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HS BREATH AND PERSON. HIS EYES WERE BLOODSHOT AND GLASSY AND AS I SPOKE WITH HIM, HIS SPEECH WAS SLURRED. MR NIX ADVISED HE WAS JUST TAKING HIS FRIEND, WHO LIVED AROUND THE CORNER, HOME. AT THAT TIME, MR NIX STATED HE HAD just COME FROM HIS FRIEND'S HOUSE AND HAD CONSUMED THREE BEERS HE IDENTIFIED AS ICE HOUSE. I OBSERVED THREE UNOPENED TWELVE (12) OUNCE BOTTLES OF ICE HOUSE BEER INSIDE OF HIS VEHICLE. THERE WAS A FRONT SEAT PASSENGER IDENTIFIED AS MR NICHOLAS KING. UPON SPEAKING WITH MR KING HE ALSO APPEARED VERY INTOXICATED. MR KING STATED MR NIX WAS TAKING HIM HOME FROM A FRIEND'S RESIDENCE. 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 SCOLIOSIS AND WAS TAKING XANAX FOR DEPRESSION BUT HAD NOT TAKEN ANY XANAX FOR THE PAST FOUR HOURS. THE TASKS WERE PERFORMED ON A SMOOTH LEVEL SURFACE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS, BEGAN HOPPING AN STEPPED OFF ON THE COUNT OF TWELVE, ATTEMPTED TO RESTART THE TASK AND BEGAN HOPPING AT THE COUNT OF FOUR. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS COMPLETELY. HE WAS UNABLE TO FOLLOW THE LEFT AND RIGHT SEQUENCE. AS HE ATTEMPTED TO PLACE HIS LEFT INDEX FINGER TO HIS NOSE, HE KEPT IT THERE UNTIL I TOLD HIM TO EXTEND HIS ARM BACK OUTWARD. AS I TOLD HIM TO PLACE HIS RIGHT FINGER TO HIS NOSE, HE ALSO FAILED TO EXTEND HIS ARM BACK OUTWARD AS DEMONSTRATED. HE WAS UNABLE TO COMPLETE THE TASK AND STOPPED. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS THROUGHOUT THE TASK, STEPPED OFF THE LINE SEVERAL TIMES AND TOOK TEN STEPS. AS HE TURNED, TAKING SEVERAL SMALL STEPS, HE FAILED TO COUNT OUT LOUD, WAS UNABLE TO TOUCH HEEL TO TOE ON ALL STEPS AND STEPPED OFF THE LINE. TASK FIVE, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT COMPLETED THE TASK WITHOUT ANY DIFFICULTY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE 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. 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 HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE OWNER, MR ERNEST NIX. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. I ISSUED THE DEFENDANT A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7147-XDO9, WITH A MANDATORY COURT APPEARANCE DATE OF 123010 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY CHENOWETH ISSUED THE DEFENDANT UNIFORM TRAFFIC CITATION NUMBER 4823-GJX6, FOR EXPIRED DRIVER'S LICENSE MORE THAN FOUR MONTHS WITH A MANDATORY COURT APPEARANCE DATE OF 123010 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE; UNIFORM TRAFFIC CITATION NUMBER 4824-GJX7, FOR FAILURE TO USE THE DESIGNATED TRAFFIC LANE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE; CITATION NUMBER 4806-GJX5, FOR FAILURE TO EXHIBIT DRIVER'S LICENSE ON DEMAND, WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE; AND WRITTEN WARNING NUMBER 316447B, FOR FAULTY EQUIPMENT, NO TAG LIGHTS. THE DEFENDANT WAS BOOKED AND CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. "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* |
