| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR15-15486) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE, 316.193. ON 062315, AT APPROXIMATELY 1310 HOURS, I RESPONDED TO THE AREA OF STATE ROAD 44 AND ARLENE AVENUE IN INVERNESS, FLORIDA, AS BACK UP FOR LIEUTENANT VINCENT (0151). UPON ARRIVAL, LIEUTENANT VINCENT ADVISED THIS DEPUTY THAT HE HAD BEEN FOLLOWING A CITRUS COUNTY TRANSIT BUS EASTBOUND ON STATE ROAD 44. HE STATED THAT THE DRIVING PATTERN OF THE BUS WAS SO POOR, THAT HE WAS PREPARING TO MAKE A TRAFFIC STOP ON THE VEHICLE TO CHECK THE WELL BEING OF THE DRIVER. HE ADVISED THAT BEFORE HE WAS ABLE TO DO SO, THE BUS PANICKED BRAKED AND PULLED INTO THE PARKING LOT OF A CLOSED BUSINESS AT THE CORNER OF STATE ROAD 44 AND ARLENE AVENUE. LIEUTENANT VINCENT ADVISED THAT HE MADE CONTACT AT THE BUS DOOR, WHERE HE OBSERVED AN ELDERLY MALE LYING ON THE FLOOR IN APPARENT PAIN AND ARRANGED FOR AN AMBULANCE TO RESPOND TO SCENE. LIEUTENANT VINCENT THEN MADE CONTACT WITH THE DRIVER OF THE TRANSIT BUS, AT WHICH TIME HE DETECTED THE ODOR OF ALCOHOL EMITTING FROM THE DRIVERâS PERSON AND FELT IT WAS POSSIBLE THAT THE DRIVER WAS IMPAIRED. BASED ON LIEUTENANT VINCENTâS DESCRIPTION OF THE DRIVING PATTERNS OF THE BUS, ALONG WITH HIM SMELLING THE ODOR OF ALCOHOL EMITTING FROM THE DRIVER, I RESPONDED TO MAKE CONTACT WITH THE DRIVER. UPON MAKING CONTACT, THE DRIVER WAS IDENTIFIED AS MR KENNETH BRODERICK. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES, TO WHICH HE STATED THAT HE DID NOT. HE THEN DENIED HAVING ANY MEDICAL ISSUES OR TAKING ANY MEDICATION. HE FURTHER STATED THAT HE HAS NOT BEEN DRINKING FOR WEEKS. I THEN ASKED THE DRIVER IF HE WOULD BE WILLING TO PERFORM SOME FIELD SOBRIETY TASKS IN ORDER TO DETERMINE IF HE WAS SAFE TO OPERATE A MOTOR VEHICLE. THE DRIVER AGREED TO PERFORM SAID TASKS AS FOLLOWS: 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. THE DEFENDANT WAS UNSTEADY ON HIS FEET DURING THIS TASK AND NOTICEABLE SWAYED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT FAILED TO MAINTAIN THE START POSITION AS DEMONSTRATED. SPECIFICALLY, HE WAS UNABLE TO MAINTAIN HIS BALANCE AND STEPPED OFF OF THE LINE PRIOR TO MY DEMONSTRATING THE TASK. DURING THIS TASK, THE DEFENDANT MISSED THE HEEL TO TOE STEPS ON ALL NINE OUTGOING AND RETURN STEPS. ADDITIONALLY, THE DEFENDANT PERFORMED AN IMPROPER TURN, LOST HIS BALANCE DURING THE TURN AND TOOK A SINGLE STEP BACKWARD BEFORE REGAINING HIS BALANCE. I ALSO HAD TO REMIND HIM TO COUNT OUT LOUD DURING THE EXERCISE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DESPITE BEING INSTRUCTED TO OBSERVE DURING THE INSTRUCTION PHASE, THE DEFENDANT BEGAN TO FOLLOW ALONG AND MIMIC MY MOVEMENTS. HE HAD TO BE INSTRUCTED TWICE TO MAINTAIN THE START POSITION WHILE I EXPLAINED THE TASK. DURING THIS TASK, THE DEFENDANT SWAYED THROUGHOUT THE ENTIRE EXERCISE AND FAILED TO LOOK AT HIS TOES AS INSTRUCTED, DESPITE BEING INSTRUCTED DURING THE TASK. HE PLACED HIS FOOT DOWN TO REGAIN HIS BALANCE AT 6/1000 AND 12/1000. HE THEN PICKED HIS FOOT BACK UP FOR LESS THAN ONE SECOND BEFORE PLACING IT DOWN AGAIN, AT WHICH TIME HE IMMEDIATELY LOST HIS BALANCE. HE THEN BEGAN WINDMILLING HIS ARMS IN AN ATTEMPT TO MAINTAIN HIS BALANCE, AND NEARLY FELL. BY THE TIME THE DEFENDANT RETURNED TO THE START POSITION, THE 30 SECONDS HAD LAPSED. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PRE-PRINTED AGENCY 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 DECLINED TO ANSWER. BEFORE LEAVING THE SCENE, THE DEFENDANT ASKED ME TO RETRIEVE HIS PERSONAL BELONGINGS FROM THE VEHICLE WHICH I DID. CONTACT WAS MADE WITH MS LORI HALL, SUPERVISOR OF THE CITRUS COUNTY TRANSIT, IN REFERENCE TO THE VEHICLE. MS HALL MADE ARRANGEMENTS FOR THE VEHICLE TO BE RETURNED. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, WITH THE TEST RESULTS BEING A .255 AND A .261. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. PRIOR TO TURNING THE DEFENDANTâS PERSONAL BELONGINGS OVER TO THE DETENTION STAFF, A SEARCH OF HIS BAG WAS CONDUCTED. THIS REVEALED A 375 MILLILITER BOTTLE OF ââCIROCââ VODKA, WHICH WAS MOSTLY EMPTY AND CONTAINED LESS THAN ONE QUARTER OF ITS VOLUME. ADDITIONALLY DISCOVERED WAS A BOTTLE OF GENERIC IBUPROFEN PM AND A SLEEP AID (DIPHENHYERAMINE.) THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8851XBI, WITH A MANDATORY COURT APPEARANCE OF 072015 AT 0815 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
