| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR08105515) 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. AT APPROXIMATELY 0205 HOURS, WHILE TRAVELING SOUTH ON U S HIGHWAY 19 I DID OBSERVE A VEHICLE PULLING OUT ONTO US HIGHWAY 19 FROM A SIDE BUSINESS. THE VEHICLE PULLED ACROSS BOTH LANES OF TRAFFIC AND DROVE INTO THE MEDIAN WITH HIS FRONT WHEELS, OVER CORRECTED, DRIVING BACK INTO THE OUTSIDE LANE WITH THE PASSENGER FRONT AND REAR WHEELS, PRIOR TO GAINING CONTROL OF THE VEHICLE AND DRIVING IN THE OUTSIDE LANE SOUTHBOUND. WHILE BEHIND THIS VEHICLE, I DID PACE THE DRIVER, WHERE HE GOT TO THE SPEED OF 60 MILES PER HOUR IN A 45 MILE PER HOUR ZONE. I ACTIVATED MY LIGHTS AND CONDUCTED A TRAFFIC STOP IN THE AREA OF U S HIGHWAY 19 AND TURKEY OAK. UPON MAKING CONTACT WITH THE DRIVER, I ASKED FOR DRIVER'S LICENSE AND VEHICLE REGISTRATION AND ADVISED THE DRIVER I WAS STOPPING HIM FOR SPEEDING. AFTER TAKING THE INFORMATION BACK TO MY VEHICLE, I RAN THE DRIVER'S INFORMATION CONFIRMING HE HAD NO WARRANTS AND THAT THE VEHICLE WAS NOT STOLEN. I THEN MADE CONTACT BACK WITH THE DRIVER AND ASKED HIM TO STEP OUT OF THE VEHICLE. I EXPLAINED TO HIM I HAD SOME CONCERNS WITH HIS DRIVING WHICH STARTED WITH HIM DRIVING ONTO US HIGHWAY 19. THE DRIVER ACKNOWLEDGED HE WAS NOT DRIVING THAT WELL. IN SPEAKING WITH THE DRIVER I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DRIVER ADMITTED TO HAVING A FEW DRINKS OR A COUPLE OF DRINKS, HE WAS NOT QUITE SURE. I ASKED WHAT HE HAD BEEN DRINKING AND HE ADVISED IT WAS CAPTAIN MORGAN AND COKE. I ADVISED THE DRIVER I HAD CONCERNS WITH HIS ABILITY TO DRIVE BECAUSE I BELIEVED HIM TO BE DRIVING UNDER THE INFLUENCE. I ASKED THE DRIVER IF HE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS. TO THIS HE STATED HE WOULD. I MOVED MY VEHICLE AS TO GIVE US A CLEAR PATH TO CONDUCT THE FIELD SOBRIETY TASKS AND THE DRIVER WALKED OVER TO WHERE I HAD MOVED MY VEHICLE. IN DOING SO, HE STUMBLED ON THE FLAT PAVEMENT AND HIS GAIT WAS OFF CENTER TO THE RIGHT. UPON REACHING MY LOCATION, 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/HER 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 HAD A DIFFICULT TIME KEEPING HIS BALANCE WHILE I GAVE THE INSTRUCTIONS. HE STOPPED WALKING TO STEADY HIMSELF AFTER NINE STEPS AND GAVE UP. HE ATTEMPTED TWO MORE TIMES AND WHILE ON THESE TIMES WAS ABLE TO MAKE IT TO SEVEN STEPS. HE MISSED HEEL TO TOE MORE THAN THREE TIMES IN EACH DIRECTION. HE STEPPED OFF THE LINE MORE THAN THREE TIMES IN EACH DIRECTION, AND HE DID AGAIN TAKE THE INCORRECT NUMBER OF STEPS ON THE FIRST TRY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, ATTEMPTED THE TASK TWICE, AND ON THE SECOND TRY, THE DEFENDANT GAVE UP AFTER 11 SECONDS. THE DEFENDANT COULD NOT DO THE TASK AND REFUSED ANY MORE ATTEMPTS. THE DRIVER WAS OFFERED TO TAKE FURTHER TASKS; HOWEVER HE DID REFUSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS ADVISED OF HIS RIGHTS IN REGARD TO THE IMPLIED CONSENT WHILE EN ROUTE TO THE DETENTION FACILITY AND THE DEFENDANT ADVISED ME HE UNDERSTOOD THOSE RIGHTS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE. I ALLOWED THE DRIVER TO CALL HIS FAMILY TO COME PICK THE VEHICLE UP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AFTER PARTICIPATING IN FIELD SOBRIETY TASKS FOR THE JAIL STAFF. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE DUE TO THE FACT THAT UPON FURTHER INVESTIGATION IT REVEALED THAT THE DRIVER HAD A PREVIOUS DUI AND DRIVING WHILE LICENSE SUSPENDED IN 2000. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8269-XBD WITH A MANDATORY COURT APPEARANCE OF 101608, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8524-RHU, FOR SPEEDING 60 MPH IN A 45 MPH ZONE, WITH A $206.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
