| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR08103553) 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 060308 AT APPROXIMATELY 2125 HOURS, I WAS DISPATCHED TO THE AREA OF US HIGHWAY 19 AND THE TACO BELL RESTAURANT IN CRYSTAL RIVER IN REFERENCE TO ASSISTING ON A TRAFFIC STOP. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY TABB WHO HAD MADE THE ORIGINAL TRAFFIC STOP ON THE DEFENDANT AFTER THE DEFENDANT RAN A RED LIGHT. DEPUTY TABB ADVISED THAT HE BELIEVED THE DRIVER/DEFENDANT WAS INTOXICATED AND THAT HE HAD ACTUALLY PERFORMED THE FIELD SOBRIETY TASKS. DEPUTY TABB ADVISED THE DRIVER/DEFENDANT HAD FAILED ALL OF THE FIELD SOBRIETY TASKS. DUE TO MAN POWER, I ADVISED DEPUTY TABB THAT I WOULD SEE IF, IN MY OPINION, THE DRIVER WAS INTOXICATED AND TAKE OVER THE TRAFFIC STOP. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR KEITH BRADLEY, WHO ADVISED HE HAD NOT BEEN DRINKING NOR HAD HE RUN A RED LIGHT. IN SPEAKING WITH THE DEFENDANT, I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I WAS STANDING APPROXIMATELY THREE FEET AWAY FROM THE DEFENDANT AT THAT TIME. WHEN I ADVISED THE DEFENDANT I COULD SMELL THE ODOR OF ALCOHOL, HE STATED HE HAD BEEN DRINKING EARLIER. I ALSO ADVISED THE DEFENDANT THAT HE HAD A THICK TONGUE AND WAS SLURRING HIS WORDS, TO WHICH HE STATED HE ALWAYS SPOKE LIKE THAT. I ALSO OBSERVED THAT THE DEFENDANT HAD BLOODSHOT, WATERY EYES. 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. THE DEFENDANT STATED THAT BACK IN THE 1980'S, HE HAD A BULGING DISC IN HIS BACK. HE ALSO ADVISED THAT HE NEEDED TO SEE A DOCTOR IN REFERENCE TO HIS BLOOD SUGAR. 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 WAS UNABLE TO MAINTAIN HIS BALANCE DURING THE INSTRUCTION PHASE, STARTED PRIOR TO THE INSTRUCTIONS BEING COMPLETED, STOPPED WALKING TO STEADY HIMSELF AND USED THE VEHICLE ON HIS SECOND ATTEMPT TO STAY ON THE LINE. THE DEFENDANT MISSED HEEL TO TOE ON ALMOST EVERY STEP. HE STEPPED OFF THE LINE MULTIPLE TIMES, USED ARMS FOR BALANCE, DID AN IMPROPER TURN, TURNING THE WRONG WAY AND WALKING IN A DIFFERENT DIRECTION THAN DEMONSTRATED, ON BOTH ATTEMPTS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, HOPPED A LITTLE, PUT HIS FOOT DOWN AFTER THE COUNT OF FOUR ON THE FIRST ATTEMPT AND AGAIN ON THE SECOND ATTEMPT, ULTIMATELY ADVISING HE COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED DURING THE INSTRUCTION PHASE AND WHILE PERFORMING THE TASK. WITH HIS RIGHT HAND, HE TOUCHED THE TIP OF HIS FINGER TO THE BRIDGE OF HIS NOSE ON BOTH ATTEMPTS EVEN THOUGH IT WAS EXPLAINED TO HIM AS HE WAS TOUCHING THE BRIDGE OF HIS NOSE THE SECOND TIME. THE DEFENDANT WAS PLACED UNDER ARREST FOR 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'S VEHICLE WAS SEARCHED, INCIDENT TO ARREST, BY DEPUTY LABELLE WHO ADVISED HE HAD LOCATED AN OPEN CONTAINER WHICH WAS HALF FULL OF NATURAL ICE BEER BETWEEN THE FRONT DRIVER AND PASSENGER SEATS. THE OPEN CONTAINER WAS COOL TO THE TOUCH AND STILL HAD CONDENSATION ON THE OUTSIDE. ALSO LOCATED WAS AN UNOPENED FOUR-PACK OF BEER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE, PER THE DEFENDANT'S REQUEST. 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. IT SHOULD BE NOTED THAT AFTER FIVE ATTEMPTS AT THE INTOXILYZER, THE DEFENDANT EACH TIME WOULD BLOW, HOWEVER, INSTEAD OF BLOWING INTO THE TUBE, THE DEFENDANT WOULD OPEN A PASSAGE ON THE OUTSIDE CORNERS OF HIS LIPS SO THE AIR WOULD PASS AROUND THE TUBE, THEREFORE, NOT REGISTERING. 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 8248-XBD, WITH A MANDATORY COURT APPEARANCE ON 061908 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1510-FIR, FOR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE, RUNNING A RED LIGHT, WITH A $188.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
