| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR13-5558) 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), AND DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 316.1939(1)(E). ON 051013, AT APPROXIMATELY 0228 HOURS, I RESPONDED to THE THUNDERBIRD MOBILE HOME PARK LOCATED AT 4401 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER, IN REFERENCE TO AN IMPAIRED DRIVER. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY BLOTZ, WHO ADVISED HE HAD RECEIVED A CALL AT DENNYâS RESTAURANT LOCATED IN CRYSTAL RIVER IN REGARDS TO THE DRIVER OF THIS VEHICLE. HE ADVISED ME THAT THE DRIVER/DEFENDANT DID NOT PAY FOR HIS FOOD AT THE RESTAURANT AND LEFT. DEPUTY BLOTZ ADVISED, ONCE HE ARRIVED ON SCENE, HE OBSERVED THE VEHICLE AND CONDUCTED A TRAFFIC STOP FOR INVESTIGATIVE PURPOSES. HE STATED THAT WHEN HE MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO IDENTIFIED HIMSELF USING HIS FLORIDA DRIVERâS LICENSE AS MR KEITH AEDELBERT VANORDEN, THE DEFENDANT WAS THE ONLY OCCUPANT INSIDE THE VEHICLE AT THE TIME OF THE TRAFFIC STOP. THE DEFENDANT WAS DRIVING A 2004 FORD, F-150, TAN IN COLOR, BEARING FLORIDA TAG NUMBER KAV0. DEPUTY BLOTZ ADVISED THAT THE DEFENDANT HAD A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS SPEECH WAS SLURRED AND HIS EYES WERE GLASSY AND BLOOD-SHOT. AS I MADE CONTACT WITH THE DRIVER/DEFENDANT, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS EYES WERE GLASSY AND BLOOD-SHOT. I ALSO OBSERVED THE DEFENDANTâS SPEECH TO BE SLURRED. I IDENTIFIED MYSELF AS A DEPUTY WITH THE SHERIFFâS OFFICE AND I INFORMED THE DEFENDANT THAT I WOULD BE CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. AT THAT TIME, I INFORMED THE DEFENDANT THAT HE WAS BEING VIDEOED AND AUDIO RECORDED FROM MY IN-CAR VIDEO CAMERA, TO WHICH HE ADVISED THAT HE UNDERSTOOD. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM. HE STATED THE CITIES BAR LOCATED IN CRYSTAL RIVER AND THAT HE HAD STOPPED AT DENNYâS TO EAT. I ASKED HIM HOW MANY ALCOHOLIC BEVERAGES HE HAD EARLIER, TO WHICH HE ADVISED APPROXIMATELY SIX BEERS AND THAT HE WAS GOING TO A FRIENDâS HOUSE LOCATED ON CITRUS AVENUE. 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 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. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE DURING THE INSTRUCTION PHASE, HE STARTED THE TASK TOO SOON, AND HE TOOK THE WRONG NUMBER OF STEPS. THE DEFENDANT TOOK 10 STEPS INSTEAD OF 9, AS INSTRUCTED. THE DEFENDANT MISSED HEEL-TO-TOE ON EACH STEP AND RAISED BOTH ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, SWAYED LEFT TO RIGHT AND PLACED HIS FOOT DOWN ON COUNT 1015. THE DEFENDANT STOPPED THE TASK AND STATED, âWOULD YOU LIKE ME TO TRY AGAIN? WOULD YOU LIKE ME TO DO IT AGAIN?â THE DEFENDANT STATED THE SAME AGAIN, âWOULD YOU LIKE ME TO DO IT AGAIN/â AND THEN STOPPED. THE DEFENDANT DID NOT COMPLETE THE TASK AS INSTRUCTED. ALL TASKS WERE ADMINISTERED ON A RELATIVELY FLAT AND LEVEL SURFACE. AT THAT 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 OF MY PATROL VEHICLE. THE DEFENDANT VEHICLE WAS TOWED BY KNIGHTLY TOWING. 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 THAT HE WANTED TO SPEAK TO HIS ATTORNEY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A OF $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4812-XDX8, WITH A MANDATORY COURT APPEARANCE ON 053012 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT ALSO REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT HAS A PRIOR REFUSAL TO SUBMIT ON 052795. THE DEFENDANT WAS CHARGED WITH REFUSAL TO SUBMIT TO A TEST OF HIS BREATH WITH HIS BOND SET AT $500.00, PER THE BOND SCHEDULE. HE WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 4810-GQF9, WITH THE SAME COURT DATE AS FOR HIS DUI CHARGE. THE IN-CAR VIDEO WAS LATER TURNED IN TO EVIDENCE. |
