| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07004353) 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 080707 AT APPROXIMATELY 2236 HOURS, I RESPONDED TO THE AREA OF WEST PINE RIDGE BOULEVARD AND NORTH LENA DRIVE IN REFERENCE TO ASSISTING DEPUTY GRAMLICH WITH A TRAFFIC STOP. UPON ARRIVAL, DEPUTY GRAMLICH ADVISED THAT SHE HAD STOPPED THE VEHICLE IN REFERENCE TO SEVERAL TRAFFIC VIOLATIONS SHE HAD OBSERVED. SHE ADVISED THAT UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR KEITH ANDERSON SHE ASKED FOR HIS DRIVER'S LICENSE WHICH HE COULD NOT PRODUCE. DEPUTY GRAMLICH ALSO ADVISED THAT WHILE SPEAKING WITH THE DEFENDANT SHE DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND SUSPECTED THAT THE DEFENDANT MAY POSSIBLY BE UNDER THE INFLUENCE OF ALCOHOL, AT WHICH TIME, SHE CONTACTED ME. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL SEATED IN THE DRIVER'S SEAT BEHIND THE STEERING WHEEL. WHILE SPEAKING WITH THE DEFENDANT I ALSO DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO OBSERVED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY AND THAT HIS MOTOR SKILLS WERE VERY SLOW AND UNCOORDINATED. I ALSO NOTICED THAT THE DEFENDANT'S SPEECH WAS SLURRED. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING, TO WHICH HE STATED HE DID. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK, TO WHICH HE STATED "NOT ENOUGH." WHEN I ASKED THE DEFENDANT HOW MUCH IS NOT ENOUGH HE STATED "I DON'T KNOW YOU TELL ME." I THEN ASKED THE DEFENDANT WHAT HE HAD BEEN DRINKING, TO WHICH HE STATED THAT HE HAD BEEN DRINKING MILLER LITE. I ASKED THE DEFENDANT HOW MANY BEERS HE HAD CONSUMED, TO WHICH HE STATED "ABOUT THREE BEERS." THE DEFENDANT ALSO ADVISED THAT THEY WERE 12 OUNCE CANS OF MILLER LITE. I ASKED THE DEFENDANT WHERE HE HAD BEEN DRINKING, TO WHICH HE STATED AT HIS BROTHER'S RESIDENCE IN BEVERLY HILLS. I ASKED THE DEFENDANT WHEN HE STARTED DRINKING, TO WHICH HE STATED AT APPROXIMATELY 2000 HOURS. I ASKED HIM WHEN HE STOPPED DRINKING, TO WHICH HE STATED "JUST NOW." I ASKED THE DEFENDANT WHEN WAS THE LAST HE HAD CONSUMED ANY FOOD, TO WHICH HE ADVISED AT APPROXIMATELY 1800 HOURS WHILE AT HOME. I THEN ASKED THE DEFENDANT IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. IT SHOULD BE NOTED THAT THE FIELD SOBRIETY TASKS WERE CONDUCTED ON THE ROADWAY WHICH WAS A SMOOTH FLAT SURFACE AND THE WHITE FOG LINE WAS USED AS A GUIDE. 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 THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT ADVISED THAT HE DID WEAR GLASSES; HOWEVER HE DID NOT NEED TO WEAR THEM IN ORDER TO SEE THE STIMULUS. 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. WHILE PERFORMING THIS TASK THE DEFENDANT SWAYED FORWARDS AND BACKWARDS MORE THAN TWO INCHES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. DURING THE INSTRUCTION PHASE OF THIS TASK THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE AND WHILE LISTENING TO INSTRUCTIONS THE DEFENDANT ATTEMPTED TO START THE TASK PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THIS TASK THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY STEPS AND PERFORMED THE TASK WALKING IN LONG STRIDES. THE DEFENDANT STEPPED OFF THE LINE, USED HIS ARMS TO ASSIST WITH BALANCING RAISING THEM OVER SIX INCHES, CONDUCTED AN IMPROPER TURN AND STAGGERED/STUMBLED WHILE TURNING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. WHILE PERFORMING THIS TASK THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE, RAISED HIS FOOT OVER SIX INCHES FORWARDS, BACKWARDS AND SIDE TO SIDE. THE DEFENDANT HOPPED WHILE PERFORMING THIS TASK, PUT HIS FOOT DOWN SEVEN TIMES BEFORE 30 SECONDS HAS ELAPSED. THE DEFENDANT ALSO LOST HIS BALANCE ALMOST FALLING BACKWARDS HAVING TO CATCH HIMSELF ON DEPUTY GRAMLICH'S PATROL VEHICLE TO AVOID FROM FALLING ON THE GROUND. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT KNEW RIGHT FROM LEFT. WHILE PERFORMING THIS TASK THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AS INSTRUCTED, DID NOT TILT HIS HEAD BACK AS INSTRUCTED, DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE AS INSTRUCTED AND SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS WHILE PERFORMING THIS TASK. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT COULD READ AND WRITE THE ENGLISH LANGUAGE AND THAT HE KNEW HIS ALPHABET FROM A TO Z. WHILE PERFORMING THIS TASK THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AS INSTRUCTED, DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED, INCORRECTLY CITED THE ALPHABET AND HAD TO STOP FOUR TIMES TO THINK ABOUT HOW TO RECITE THE ALPHABET CORRECTLY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, 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 TOWED BY PRECISION TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE REFUSED SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,00.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 6987-XDO, FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 082307 AT 1315 HOURS, AT THE CITRUS COUNTY COURTHOUSE. DEPUTY GRAMLICH ALSO ISSUED THE DEFENDANT UNIFORM TRAFFIC CITATION NUMBER 0273-EVY, FOR VIOLATION OF DRIVER'S LICENSE RESTRICTION WHEN SHE DISCOVERED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS FOR BUSINESS PURPOSES ONLY ALSO WITH A MANDATORY COURT APPEARANCE OF 082307 AT 1315 HOURS. *NOT-EXEMPT* |
