| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (16-106295) (AR16-20482) 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. I WAS DISPATCHED TO THE STRETCH OF HIGHWAY 19 NORTH OF THE MALL, IN REFERENCE TO A WRONG WAY DRIVER WHO WAS SOUTHBOUND IN THE NORTHBOUND LANE. THERE WERE MULTIPLE CALLERS IN REFERENCE TO NEAR COLLISIONS WITH THE VEHICLE. DEPUTY BOSWELL (1404) WAS FIRST IN THE AREA AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN FRONT OF THE DAYS INN, IN CRYSTAL RIVER. UPON MY ARRIVAL, WHEN I MADE CONTACT WITH THE DEFENDANT, I OBSERVED THE DEFENDANT TO HAVE GLASSY BLOODSHOT EYES, SLURRED SPEECH, AND THE ODOR OF ALCOHOL WAS PRESENT. WHEN I ASKED THE DEFENDANT TO EXIT THE VEHICLE, I OBSERVED THE DEFENDANT TO BE SLIGHTLY OFF BALANCE AND THE ODOR OF ALCOHOL WAS MORE PROMINENT. WHEN IT WAS SAFE TO DO SO, I INSTRUCTED THE DEFENDANT TO WALK ACROSS THE SOUTHBOUND LANES OF HIGHWAY 19 INTO THE DAYS INN PARKING LOT WHERE WE WOULD CONDUCT FIELD SOBRIETY TASKS. PRIOR TO EXITING THE VEHICLE, THE DEFENDANT HAD AGREED TO FIELD SOBRIETY TASKS. THE DEFENDANT WAS READ HIS MIRANDA WARNING AND IMPLIED CONSENT FROM AN AGENCY PRE-PRINTED CARD. THE DEFENDANT'S VEHICLE WAS RELOCATED FROM THE MEDIAN TO THE DAYS INN PARKING LOT BY ANOTHER DEPUTY, DUE TO IT BEING LOCATED IN THE MEDIAL BREAK AND TURN IN THE WEST STATE PARK STREET. THE DEFENDANT'S VEHICLE WAS SECURED AND THE KEY WAS LEFT IN THE DEFENDANT'S PROPERTY AT THE CITRUS COUNTY DETENTION FACILITY. 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. HE DID ADVISE THAT HE HAD A BACK INJURY HOWEVER IT DID NOT AFFECT HIS ABILITY TO WALK IN A STRAIGHT LINE. 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 APPEARED TO NOT UNDERSTAND THE INSTRUCTIONS AS HE MOVED HIS HEAD AND KEPT HIS EYES STRAIGHT FORWARD. THE DEFENDANT WAS REPEATED THE INSTRUCTIONS SEVERAL TIMES, THE DEFENDANT CONTINUED TO MOVE HIS HEAD HOWEVER, HORIZONTAL GAZE NYSTAGMUS WAS PERFORMED WITH HIS HEAD AT A 45 DEGREE ANGLE FROM HIS BODY AND I REPOSITIONED MYSELF AS IF HIS HEAD WERE STRAIGHT, AND CONDUCTED HORIZONTAL GAZE NYSTAGMUS IN THIS POSITION DUE TO THE DEFENDANT APPARENT INABILITY TO FOLLOW INSTRUCTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN ATTEMPTING THE EXERCISE DURING THE INSTRUCTIONAL PHASE AFTER ASKED NOT TO BEGIN UNTIL TOLD TO DO SO. THE DEFENDANT ADVISED HE WAS NOT CAPABLE OF STANDING HEEL TO TOE ON THE LINE. I OBSERVED THE DEFENDANT NEARLY FALL WHILE ATTEMPTING TO STAND HEEL TO TOE, FOR HIS SAFETY I ADVISED HIM TO STAND WITH HIS FEET SHOULDER WIDTH APART AND HIS HANDS DOWN TO HIS SIDE FOR THE REMAINDER OF THE INSTRUCTIONS. WE WERE PERFORMING THE WALK AND TURN IN A PARKING LOT AND HE WAS INSTRUCTED TO UTILIZE THE WHITE STRIPE OF THE PARKING SPACE AS THE LINE IN WHICH TO PERFORM THE TASK. I EXPLAINED TO THE DEFENDANT THAT HE WOULD BE PERFORMING THE TASK ALONG THE LINE HOWEVER I WOULD BE DEMONSTRATING THE TASK IN A MANNER IN WHICH HE COULD OBSERVE MY FEET DURING THE DEMONSTRATION TO FULLY UNDERSTAND THE INSTRUCTIONS. THE INSTRUCTIONS WERE REPEATED MULTIPLE TIMES. THE DEFENDANT ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS WHEN I TOLD HIM HE COULD BEGIN, THE DEFENDANT TURNED 90 DEGREES TO HIS LEFT AND BEGAN TAKING NORMAL STEPS AS IF HE WAS JUST WALKING. I STOPPED THE DEFENDANT, RETURNED HIM TO THE STARTING LOCATION, EXPLAINED THE INSTRUCTIONS YET AGAIN. THE DEFENDANT REASSURED ME THAT HE UNDERSTOOD ALL OF THE INSTRUCTIONS. THE DEFENDANT WAS ADVISED THAT HE COULD BEGIN THE TASK. THE DEFENDANT DID NOT TOUCH HEEL TO TOE DURING ANY OF THE 18 STEPS. THE DEFENDANT WAS SWAYING LEFT AND RIGHT WITH EACH STEP. THE DEFENDANT PERFORMED THE TURN CORRECTLY. THE DEFENDANT'S HANDS WERE RAISED UP FOR BALANCE MULTIPLE TIMES DURING THE 18 STEPS. THE DEFENDANT ALSO STEPPED OFF LINE SEVERAL TIMES. THE DEFENDANT WAS ADVISED TO RETURN TO THE BEGINNING OF THE LINE FOR THE NEXT EXERCISE. THE DEFENDANT ALSO DID NOT COUNT ALOUD DURING THIS EXERCISE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED HE WOULD NOT PHYSICALLY BE ABLE TO PERFORM THIS TASK DUE TO HIS BACK PAIN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED HE COMPLETELY UNDERSTOOD THE INSTRUCTIONS. I ADVISED THE DEFENDANT HE MAY BEGIN THE EXERCISE, THE DEFENDANT MAINTAINED EYE CONTACT WITH ME AS IF WAITING FOR AN INSTRUCTION. I REPEATED THE INSTRUCTIONS TO THE DEFENDANT AGAIN THE DEFENDANT ASSURED ME THAT HE UNDERSTOOD THE INSTRUCTIONS. I ADVISED THE DEFENDANT HE COULD BEGIN THE EXERCISE. THE DEFENDANT TILTED HIS HEAD BACK HOWEVER DID NOT CLOSE HIS EYES. I REPEATED THE INSTRUCTIONS AGAIN TO THE DEFENDANT, THIS TIME WHEN TOLD TO BEGIN THE DEFENDANT TILTED HIS HEAD AND CLOSED HIS EYES. THE DEFENDANT'S BODY WAS SWAYING IN A CIRCULAR MOTION DURING THIS EXERCISE. I ADVISED THE DEFENDANT TO RAISE HIS LEFT ARM, THE DEFENDANT POINTED STRAIGHT TO HIS LEFT AND REMAINED IN THIS POSITION. I STOPPED THE DEFENDANT AND THOROUGHLY REPEATED THE INSTRUCTIONS AGAIN. I ADVISED THE DEFENDANT HE COULD BEGIN THE EXERCISE. I CALLED LEFT, THE DEFENDANT SIMPLY RAISED HIS LEFT HAND STRAIGHT UP WITHOUT POINTING IT OUT STRAIGHT TO THE SIDE AS INSTRUCTED AND TOUCHED HIS LIP UNDER HIS NOSE. THE DEFENDANT MOVED HIS FINGER TO HIS NOSE BUT REMAINED IN THIS POSITION. AGAIN, I STOPPED THE DEFENDANT, REPEATED THE INSTRUCTIONS, THE TASK WAS PERFORMED AGAIN, I ADVISED THE DEFENDANT LEFT, AND THE DEFENDANT RAISED HIS LEFT ARM STRAIGHT UP WITHOUT PUTTING IT OUT TO THE SIDE AND TOUCHED HIS NOSE. THE DEFENDANT AGAIN REMAINED IN THIS POSITION. RATHER THAN REPEAT THE INSTRUCTIONS AGAIN I CALLED OUT RIGHT, THE DEFENDANT LOWERED HIS LEFT ARM, AND RAISED HIS RIGHT HAND STRAIGHT UP TO HIS NOSE WITHOUT RAISING IT OUT TO HIS SIDE AS INSTRUCTED. THE DEFENDANT AGAIN REMAINED IN THIS POSITION WITHOUT RETURNING HIS ARM TO HIS SIDE. I CALLED OUT LEFT THE DEFENDANT DID AS HE HAD DONE PREVIOUSLY. I REPEATED THE COMMAND LEFT THE DEFENDANT INITIALLY RAISED HIS RIGHT ARM APPROXIMATELY HALFWAY TOWARDS HIS FACE BEFORE REALIZING I REPEATED LEFT. THE DEFENDANT RETURNED HIS LEFT HAND TO HIS NOSE. I FINALLY CALLED RIGHT THE DEFENDANT RAISED HIS RIGHT HAND TO HIS NOSE AND AGAIN REMAINED IN THIS POSITION. CONCLUSION OF TASK THREE THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE SCHEDULE. 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 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 WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED IN THE DAYS INN PARKING LOT. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER A44KRUE WITH A MANDATORY COURT APPEARANCE OF 081816 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
