| Date of birth: | Oct 6, 1965 |
| Probable cause affidavit: | SUBMITTED BY: WEST, ROY 0421 (AR09111638) 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). ON 102809 I WAS DISPATCH TO HOMOSASSA TRAIL AND KINGS AVENUE IN REFERENCE TO BACK-UP FOR ANOTHER DEPUTY ON A TRAFFIC STOP. UPON MY ARRIVAL THE DEFENDANT WAS BEING GIVEN A WARNING CITATION FOR DRIVING WITH A DRIVER SIDE HEADLIGHT OUT. WHILE STANDING APPROXIMATELY FIVE FEET AWAY I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT WHO WAS STANDING AT THE REAR OF HIS PICKUP TRUCK. IN SPEAKING TO THE DEFENDANT HE ADVISED ME THAT HE HAD BEEN DRINKING BEER AT HOME AND WAS JUST GOING OUT FOR A SANDWICH. DEPUTY BEHNEN ALSO POINTED OUT THAT HE FOUND AN OPEN BOTTLE OF RUM IN THE FRONT SEAT WITH THE DRIVER THAT WAS MORE THAN THREE QUARTERS EMPTY. I ASKED THE DRIVER IF HE WOULD STEP BACK TO MY PATROL VEHICLE AND PARTICIPATE IN FIELD SOBRIETY TESTS, TO THIS HE STATED HE WOULD. AT THE FRONT OF MY PATROL VEHICLE WAS AN OPEN DRIVEWAY PATH WHICH IS WHERE THIS DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION WAS PERFORMED. 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 HAD A BRAIN TUMOR DIAGNOSED OVER TEN YEARS AGO, AND BROKEN BACK DIAGNOSED OVER TWENTY YEARS AGO. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. I HAD HIM TAKE HIS GLASSES OFF BEFORE ENTERING INTO THIS TASK, 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 WAS UNABLE TO KEEP HIS BALANCE WHILE THE INSTRUCTIONS WERE GIVEN. HE STEPPED OFF THE LINE THREE TIMES. HE MISSED HEEL TO TOE MORE THAN THREE TIMES, AND DID NOT FOLLOW INSTRUCTIONS ON TURNING AROUND. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK HE ATTEMPTED SEVERAL TIMES WITH AND WITHOUT SHOES. HE REPEATEDLY PUT HIS FOOT DOWN AND HE FAILED TO LOOK DOWN AT HIS FEET PER THE INSTRUCTIONS. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW THE INSTRUCTIONS IN HIS FIRST FOUR ATTEMPTS HE TOUCHED THE BRIDGE AND THE SIDE OF HIS NOSE ON EACH ATTEMPT. HE ALSO FAILED TO POINT FORWARD PRIOR TO TOUCHING HIS NOSE AS PER THE INSTRUCTIONS. AFTER STOPPING THE DEFENDANT AND EXPLAINING INSTRUCTIONS AGAIN, THE DEFENDANT ONLY RAISED HIS ARM FOR THE SIDE THAT I CALLED WHETHER IT BE RIGHT OR LEFT, AND FAILED TO TOUCH HIS NOSE AT ALL. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT UNSECURED ON THE SIDE OF THE ROAD PER HIS REQUEST FOR HIS WIFE 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 BY THE BREATHALYZER OPERATOR KATHRYN EVERETT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AND HE INVOKED HIS MIRANDA RIGHTS. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8368XBD WITH A MANDATORY COURT APPEARANCE OF 111209 AT 1300 HOURS. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Oct 28, 2009 |
| Booking number: | 09111638 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
