| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR11118631) 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) ON 0101111 AT APPROXIMATELY 0230 HOURS, I RESPONDED AS BACKUP FOR DEPUTY COLEMAN TO THE AREA OF NORTH DUNKENFIELD AVENUE JUST SOUTH OF WEST GULF TO LAKE HIGHWAY IN CRYSTAL RIVER IN REFERENCE TO A TRAFFIC STOP. UPON ARRIVAL, DEPUTY COLEMAN ADVISED THAT HE STOPPED THE VEHICLE, A WHITE DODGE PICKUP TRUCK, WHEN IT FAILED TO MAINTAIN A SINGLE LANE AND CAME TO A COMPLETE STOP AT A GREEN TRAFFIC SIGNAL. DEPUTY COLEMAN ADVISED HE BELIEVED THE DRIVER/DEFENDANT, MR JUSTIN SHINGLER, MIGHT BE IMPAIRED. A PASSENGER IN the VEHICLE WAS ARRESTED ON AN ACTIVE WRIT OF BODILY ATTACHMENT. WHILE DEPUTY COLEMAN WAS PLACING THIS PASSENGER IN THE REAR SEAT OF HIS PATROL VEHICLE, JUSTIN AND ANOTHER PASSENGER SWITCHED PLACES. I MADE CONTACT WITH JUSTIN WHO WAS NOW IN THE PASSENGER SEAT OF THE TRUCK. I ASKED JUSTIN TO STEP OUT OF THE VEHICLE AND ADVISED HIM I WOULD BE CHECKING TO SEE WHETHER OR NOT HE WAS CAPABLE OF DRIVING. JUSTIN AGREED TO PERFORM A SERIES OF FIELD SOBRIETY TASKS. BEFORE BEGINNING THE TASK, THE FOLLOWING WAS DETERMINED: JUSTIN ATE AROUND 1900 HOURS; HE WENT TO MICKEY'S BAR AROUND 2130 HOURS WHERE HE BEGAN TO DRINK DRAFT BEER; AT AROUND 0100 HOURS, HE LEFT AND WENT TO THE BUZZ BAR, LEAVING THERE AROUND 0200 HOURS. ACCORDING TO JUSTIN, BETWEEN 2130 HOURS AND 0200 HOURS HE DRANK FOUR TO FIVE BEERS. JUSTIN HAD COMPLETED SOME COLLEGE, SPEAKS AND WRITES THE ENGLISH LANGUAGE WELL, AND DOES HAVE ARTHRITIS IN HIS LOWER BACK, KNEES AND ANKLES. FIELD SOBRIETY TASKS WERE PERFORMED ON A CONCRETE SURFACE NEAR THE TRAFFIC STOP. 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 THE PREVIOUSLY MENTIONED ARTHRITIS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THE DEFENDANT HAD TROUBLE TOUCHING THE TIP OF MY PEN. 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 FAILED TO LOOK AT HIS TOES WHILE COUNTING AND SWAYED AND HAD TO BRIEFLY USE HIS ARMS FOR BALANCE. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AT FIRST DID NOT REMOVE HIS FINGER FROM HIS NOSE, AT WHICH TIME THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT A SECOND TIME. THE DEFENDANT HAD TO PAUSE EACH TIME I SAID RIGHT OR LEFT, AND CONTINUALLY PUT HIS HEAD FORWARD AND OPENED HIS EYES. THE DEFENDANT HAD TO BE REMINDED THROUGHOUT THE TASK TO KEEP HIS HEAD TILTED BACK AND HIS EYES CLOSED. TASK FOUR, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PAUSED AFTER THE LETTER 'T,' THEN REPEATED THE LETTERS 'Q.' 'R,' 'S.' AND 'T' THREE TIMES, THEN FINISHED WITH THE LETTERS 'X,' 'Y' AND 'Z,' NEVER STATING THE LETTERS 'U,' 'V' OR 'W.' TASK FIVE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ARGUED, STATING THE TASK WAS IMPOSSIBLE, AT WHICH TIME THE TASK WAS EXPLAINED AND DEMONSTRATED AGAIN. THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ON MOST STEPS. WHEN HE GOT TO STEP SEVEN, HE STOPPED AND ASKED WHAT TO DO NEXT. I HAD TO EXPLAIN TO HIM TO TURN AROUND AND TAKE SEVEN STEPS IN THE OPPOSITE DIRECTION. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A SECOND PASSENGER. 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 REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 8662-XBI1, WITH A MANDATORY COURT APPEARANCE ON 012011 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* |
