| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR07004452) 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. ON 081307 AT APPROXIMATELY 0630 HOURS, I OBSERVED A GRAY TOYOTA PICKUP TRUCK BEARING FLORIDA TAG NUMBER I84IKB, TRAVELING EASTBOUND ON MAIN STREET WITH EXTENSIVE DAMAGE ON THE FRONT PASSENGER SIDE AND THE FRONT PASSENGER RIM, GRINDING IN TO THE STREET WITH NO TIRE ON THE RIM. AS I APPROACHED THE VEHICLE TO CONDUCT A TRAFFIC STOP, I NOTICED THERE WAS HEAVY SMOKE COMING FROM THE ENGINE AND THERE WAS A LOT OF SPARKS COMING FROM THE FRONT RIM. I THEN CONDUCTED THE TRAFFIC STOP AND MADE CONTACT WITH THE DRIVER/DEFENDANT OUTSIDE HIS VEHICLE. THE DEFENDANT WAS IDENTIFIED AS MR KENNETH DYE, VIA HIS FLORIDA DRIVER'S LICENSE. THE DEFENDANT STATED HE WAS TRAVELING ON HIGHWAY 44, WHEN HIS TIRE HIT THE CURB, WHICH CAUSED HIM TO CRASH IN TO A GUARD RAIL. I NOTICED THE DEFENDANT HAD BLOOD SHOT WATERY EYES, SO I ASKED HIM IF HE HAD BEEN DRINKING ANY ALCOHOL, TO WHICH HE STATED HE HAD FOUR BEERS THE NIGHT BEFORE. I ASKED THE DEFENDANT IF HE HAD BEEN TAKING ANY MEDICATION, TO WHICH HE STATED HE TOOK 6 MILLIGRAMS OF XANAX THE NIGHT BEFORE. WHILE THE DEFENDANT WAS ANSWERING MY QUESTIONS, I NOTICED AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. THE DEFENDANT COULD NOT STAND UP STRAIGHT AND SWAYED FROM SIDE TO SIDE. I ASKED THE DEFENDANT WHY HE DID NOT STAY AT THE CRASH SCENE, TO WHICH HE STATED HE WAS GOING TO DRIVE TO THE NEAREST TELEPHONE. I ADVISED THE DEFENDANT THAT HE HAD PASSED THE SHERIFF'S OFFICE, A GAS STATION AND A WALGREEN'S, WHICH ALL HAD PAY TELEPHONES, HOWEVER, HE DID NOT STOP UNTIL I ACTIVATED MY OVERHEAD LIGHTS. THE DEFENDANT STATED HE WAS NOT AWARE HE HAD PASSED ALL OF THESE LOCATIONS. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY EXERCISES TO WHICH HE STATED YES. 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. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS, STARTED BEFORE BEING INSTRUCTED TO, DID NOT TOUCH HEEL TO TOE, USED HIS ARMS FOR BALANCE, TOOK AN INCORRECT NUMBER OF STEPS AND PERFORMED THE TURN INCORRECTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, USED ARMS FOR BALANCE AND PUT HIS FOOT DOWN TO SOON. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO ARRIVING AT THE CITRUS COUNTY DETENTION FACILITY, I STOPPED AT THE CRASH SCENE, WHICH WAS AT HIGHWAY 44 AND WASHINGTON AVENUE IN INVERNESS. IT WAS OBVIOUS THAT THE DEFENDANT HAD CRASHED IN TO A GUARD RAIL, WHICH WAS APPROXIMATELY FIVE FEET FROM THE ROADWAY, WHICH INDICATES THAT THE DEFENDANT'S TIRE DID NOT STRIKE A CURB, CAUSING HIM TO CRASH AS THE DEFENDANT CLAIMED. I EXPLAINED TO THE DEFENDANT MY FINDINGS AND THE DEFENDANT STATED HE MUST HAVE FALLEN ASLEEP AND THAT WAS HOW HE CRASHED. SEE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, CRASH REPORT NUMBER 74939037. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .102 AND .093. 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 6972-XDO, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5007-FGW, FOR FAILURE TO USE DUE CARE WITH A FINE OF $123.50 AND CITATION NUMBER 5008-FGW, FOR FAILURE TO REPORT A CRASH WITH A FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
