| Probable cause affidavit: |
SUBMITTED BY: RUSSO, CAROLYN N236 (AR11121016) did drive or was in the actual physical control of a veSSEL 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, in violation of Florida Statute 327.35(1)(A). ON 053011 AT APPROXIMATELY 0020 HOURS, LIEUTENANT JONES AND I, OFFICER CAROLYN RUSSO, WITH THE FISH AND WILDLIFE COMMISSION (FWC) WERE ON WATER PATROL IN KINGS BAY LOCATED IN CITRUS COUNTY, WHEN WE OBSERVED A VESSEL WITHOUT ITS STERN LIGHT IN OPERATION, WHICH WAS NAVIGATING OUTBOUND. LIEUTENANT JONES INITIATED OUR BLUE LIGHTS AND I TOOK OUT MY FLASHLIGHT AND SHINED THE LIGHT ON THE VESSEL AND OBSERVED WHITE MALE AND WHITE FEMALE. THE MALE SUBJECT WAS AT THE BOW OF THE VESSEL PUTTING OUT THE ANCHOR LINE AND THE FEMALE SUBJECT WAS STANDING ON THE PORT GUNNEL HOLDING ON TO THE T-TOP. AS WE APPROACHED THE VESSEL, THE FEMALE GOT DOWN AND HAD LEANED AGAINST THE CENTER CONSOLE SEAT. THE MALE SUBJECT WALKED AROUND TO THE STARBOARD SIDE AND HAD LEANED AGAINST THE CENTER CONSOLE. I ADVISED THEM THAT WE WERE WITH FISH AND WILDLIFE (FWC) AND WERE GOING TO CONDUCT A BOATING SAFETY INSPECTION. WE SECURED OUR VESSEL TO THEIR VESSEL AND I ASKED THE OPERATOR TO GET TWO LIFE JACKETS, THE VESSEL REGISTRATION. A THROWABLE DEVICE, WHISTLE AND FIRE EXTINGUISHER. THE DEFENDANT, MR KEITH FLINCHUM, WHILE RETRIEVING THE LIFE JACKETS HAD MOVED SLOWLY TO GET THE SAFETY EQUIPMENT AND HANDED THE TWO LIFE JACKETS, THE THROWABLE DEVICE AND THE REST OF THE SAFETY EQUIPMENT TO ME. DURING THE INITIAL CONTACT WITH THE DEFENDANT, I OBSERVED THAT HIS EYES WERE BLOODSHOT AND GLASSY AND HIS speech WAS MUDDLED. WHILE SPEAKING WITH THE DEFENDANT, I NOTICED A STRONG AND DISTINCT ODOR CONSISTENT WITH SOMEONE WHO HAD CONSUMED AN ALCOHOLIC BEVERAGE. THE DEFENDANT WAS ADVISED THAT WE HAD SUSPICION THAT HE WAS OPERATING HIS VESSEL WHILE IMPAIRED AND IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS. THE DEFENDANT STATED THAT HE UNDERSTOOD AND CONSENTED TO PERFORMING FIELD SOBRIETY TASKS. I HAD THE DEFENDANT STEP ONTO OUR VESSEL AND ADVISED HIM TO TAKE A SEAT AT THE FRONT OF THE VESSEL. I ASKED THE DEFENDANT THE PRELIMINARY SCREENING QUESTIONS FROM THE FIELD SOBRIETY TASK PERFORMANCE REPORT. THE PRELIMINARY SCREENING QUESTIONS WERE ASKED AND THE DEFENDANT STATED NO TO ALL QUESTIONS ASKED. I ASKED THE DEFENDANT HOW FAR DID YOU GO IN SCHOOL (LAST YEAR COMPLETED) AND THE DEFENDANT REPLIED 12TH GRADE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. THE TASK INSTRUCTIONS WERE READ AND THE DEFENDANT ADVISED THAT HE UNDERSTOOD. 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. THE DEFENDANT COULD NOT KEEP HIS HEAD STILL DURING THIS TASK. TASK TWO, PALM PAT. THE TASK INSTRUCTIONS WERE READ AND DEMONSTRATED TO THE DEFENDANT AND HE ADVISED THAT HE UNDERSTOOD. UPON PERFORMANCE OF THE PALM PAT, THIS OFFICER OBSERVED THE DEFENDANT MAKE A CHOPPING MOTION AND HIT THE SIDE OF HIS HAND. THE DEFENDANT DID NOT SPEED UP AS INSTRUCTED. THE DEFENDANT ALSO STOPPED THE TASK BEFORE BEING TOLD TO DO SO. TASK THREE, FINGER COUNT. THE TASK INSTRUCTIONS WERE READ AND DEMONSTRATED TO THE DEFENDANT AND HE ADVISED THAT HE UNDERSTOOD. THE DEFENDANT DID NOT SPEED UP AS INSTRUCTED. TASK FOUR, FINGER TO NOSE. THE TASK INSTRUCTIONS WERE READ AND DEMONSTRATED TO THE DEFENDANT AND ADVISED THAT HE UNDERSTOOD. DURING THIS TASK THE DEFENDANT OPENED HIS EYES AFTER BEING TOLD TO KEEP HIS EYES CLOSED AND HE CONTINUED TO KEEP HIS EYES OPEN. THE DEFENDANT DID NOT KEEP HIS HEAD TILTED BACK THROUGHOUT THE TASK. TASK FIVE, THE ROMBERG ALPHABET. THE TASK INSTRUCTIONS WERE READ AND THE DEFENDANT ADVISED THAT HE UNDERSTOOD. THE DEFENDANT COMPLETED THIS TASK PROPERLY. TASK SIX, BACKWARDS COUNT. THE TASK INSTRUCTIONS WERE READ AND THE DEFENDANT ADVISED THAT HE UNDERSTOOD THEM. THE DEFENDANT, DURING THE TASK, HESITATED AND CONTINUED COUNTING. THE DEFENDANT BEGAN TO COUNT BACKWARDS STARTING AT 89. THE DEFENDANT HESITATED AT 86 TO 85, 81 TO 80, 79 TO 78, 77 TO 76, 68 TO 67, 67 TO 66. THE DEFENDANT ASKED IF HE COULD DO IT AGAIN AND STARTED OVER AGAIN AND HESITATED AT 84 TO 83, 82 TO 81, AND COUNTED TO 75 AND SAID 76 AND CONTINUED TO 69 HESITATED AND ASKED WHAT NUMBER HE HAD TO STOP AT AND I ADVISED HIM 65. THE DEFENDANT THEN CONTINUED ON TO 65. AFTER THE FLOAT TASKS WERE PERFORMED THE VESSEL WAS TOWED TO PETE'S PIER BOAT RAMP IN CRYSTAL RIVER TO COMPLETE THE REMAINING TWO TASKS. WHILE EN ROUTE TO THE BOAT RAMP THE DEFENDANT WAS REPEATEDLY TOLD TO SIT DOWN AND STAY IN HIS SEAT FOR HIS SAFETY AND TWICE HE HAD GOTTEN UP TO COMFORT HIS COMPANION ON BOARD HIS VESSEL. UPON ARRIVAL AT THE BOAT RAMP THE FINAL TWO TASKS WERE COMPLETED. TASK SEVEN, WALK AND TURN. THESE TASKS WERE READ AND DEMONSTRATED TO THE DEFENDANT AND HE ADVISED THAT HE UNDERSTOOD. DURING THE TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE GREATER THAN A HALF INCH, USED HIS ARMS FOR BALANCE MORE THAN SIX INCHES AND COMPLETED AN IMPROPER TURN. TASK EIGHT, ONE LEG STAND. THE TASK WAS READ AND DEMONSTRATED TO THE DEFENDANT AND HE ADVISED THAT HE UNDERSTOOD. THE DEFENDANT SWAYED WHILE BALANCING, USED HIS ARMS TO BALANCE MORE THAN SIX INCHES AND HOPPED REPEATEDLY. THE INSTRUCTIONS THEN HAD TO BE REPEATED THE DEFENDANT. THE DEFENDANT WAS TALKATIVE, INTERRUPTIVE AND NERVOUS DURING ALL THE FIELD SOBRIETY TASKS. AT THE COMPLETION OF THE TASKS, THE DEFENDANT WAS ADVISED THAT WE HAD PROBABLE CAUSE TO BELIEVE THAT HE WAS OPERATING HIS VESSEL WHILE IMPAIRED. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF A CITRUS COUNTY SHERIFF'S OFFICE (CCSO) DEPUTY'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT FROM A PRE-APPROVED CARD. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT'S BOND WAS SET AT $500.00 AND ISSUED BOATING UNDER THE INFLUENCE CITATION NUMBER V305703 WITH A MANDATORY COURT APPEARANCE OF 063011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED BOATING CITATION NUMBER V305702 FOR STERN LIGHT NOT BEING USED WITH A FINE OF $90.00 PAYABLE TO 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* |
