| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD (AR08106965) 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 123108 AT 1915 HOURS, I WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 19 APPROACHING WEST GODFREY LANE. THE WEATHER CONDITIONS WERE DARK, CLEAR, AND DRY. THE ROAD CONDITIONS WERE GOOD WITH NO KNOWN DEFECTS. AT THIS TIME I OBSERVED A VEHICLE TRAVELING IN THE NORTHBOUND OUTSIDE LANE OF U S HIGHWAY 19 WITH A RIGHT HEADLAMP OUT. I TURNED AROUND, TURNED ON MY EMERGENCY WARNING LIGHTS, CAUGHT UP WITH THE VEHICLE AND CONDUCTED A TRAFFIC STOP. THE VEHICLE DID NOT IMMEDIATELY SLOW DOWN OR PULL OVER, AND THEN ABRUPTLY SLOWED AND PULLED PARTIALLY OFF THE ROAD BEFORE STOPPING. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT MR KENNETH G HARPER. I REQUESTED THE DEFENDANT PROVIDE ME WITH HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. THE DEFENDANT PROVIDED ME WITH HIS DRIVER'S LICENSE AND I AGAIN HAD TO REQUEST THE VEHICLE REGISTRATION. AT THAT TIME I OBSERVED THE DEFENDANT'S EYES TO BE GLASSY AND WATERY, HIS SPEECH WAS THICK TONGUED AND HE WAS POLITE. I AGAIN ASKED THE DEFENDANT FOR HIS VEHICLE REGISTRATION. I OBSERVED THE DEFENDANT FUMBLE THROUGH THE GLOVE COMPARTMENT, REMOVE SOME DOCUMENTS AND FUMBLE THROUGH THEM AND THEN HAND ME AN INSURANCE POLICY ON AN EIGHT BY TEN TYPE PIECE OF PAPER. I AGAIN ASKED THE DEFENDANT FOR HIS VEHICLE REGISTRATION AND HE FUMBLED THROUGH MORE PAPERWORK BEFORE LOCATING AND HANDING ME THE REGISTRATION. I RETURNED TO MY PATROL VEHICLE TO RUN A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE AND REGISTRATION AND OBSERVED THE ADDRESS ON HIS DRIVER' S LICENSE WAS OUT OF FORT MEYERS AND HIS REGISTRATION WAS OUT OF HOMOSASSA. I RETURNED TO THE DEFENDANT'S CAR AND HE STATED THE HOMOSASSA ADDRESS WAS HIS CORRECT ADDRESS, THAT HE HAD JUST MOVED THERE TWO MONTHS AGO AND HE KNEW HE WAS SUPPOSE TO CHANGE THE ADDRESS ON HIS DRIVER'S LICENSE. I AGAIN RETURNED TO MY PATROL VEHICLE AND ISSUED THE DEFENDANT A WARNING FOR THE HEADLAMP BEING OUT AND A CITATION FOR FAILURE TO CHANGE HIS ADDRESS ON HIS DRIVER'S LICENSE. (CITATION NUMBER 2954-FIR). I THEN APPROACHED THE DEFENDANT'S VEHICLE AND REQUESTED HIM TO STEP BACK TO MY PATROL VEHICLE, TO WHICH THE DEFENDANT COMPLIED. I THEN MADE CONTACT WITH THE DEFENDANT AT THE RIGHT FRONT OF MY PATROL VEHICLE AND DETECTED A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT THE DEFENDANT. THE DEFENDANT ASKED WHY HE WAS PULLED OVER, AND I AGAIN EXPLAINED HE HAD A HEADLAMP OUT. I THEN ASKED THE DEFENDANT TO STEP TO THE SIDE OF MY PATROL VEHICLE AND SUBMIT TO SOBRIETY TASKS. IT SHOULD BE NOTED THAT PRIOR TO CONDUCTING THE TASKS THE FORWARD PART OF MY EMERGENCY WARNING LIGHT BAR WAS SHUT OFF. 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/HER EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT LOST HIS BALANCE DURING THE INSTRUCTIONS, AND THEN STEPPED SIDEWAYS DURING THE ENTIRE TASK AND SWUNG AROUND ON HIS TURN, STEPPING OFF THE LINE ON STEPS TWO, FIVE, EIGHT AND NINE ON THE WAY BACK AND NEARLY FELL OVER ON THE LAST STEP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT SWAYED WHILE BALANCING, USED HIS ARMS OVER SIX INCHES TO BALANCE, PUT HIS FOOT DOWN AND STOPPED COUNTING AT COUNT FOUR AND FOR THE REMAINDER OF THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS RIGHT ARM APPROXIMATELY 12 INCHES FROM HIS SIDE AND THEN RETURNED IT TO HIS SIDE. THE INSTRUCTIONS WERE EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AGAIN AND WHILE ATTEMPTING THE TASK A SECOND TIME THE DEFENDANT DID NOT TOUCH HIS NOSE ON ANY ATTEMPT. WHEN REQUESTED, THE DEFENDANT WOULD ONLY RAISE HIS ARMS APPROXIMATELY 12 INCHES AND THEN RETURN THEM TO HIS SIDE. THE DEFENDANT DID NOT RESPOND TO THE LAST TWO COMMANDS FOR THIS TASK. I REQUESTED THE DEFENDANT TO STEP OVER TO MY PATROL VEHICLE, AND HE AGAIN ASKED WHY HE WAS STOPPED. I AGAIN EXPLAINED TO THE DEFENDANT HE WAS STOPPED BECAUSE HE HAD A HEADLAMP OUT. AT THIS TIME THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED AND SEARCHED AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT'S MOOD WENT FROM POLITE AND COOPERATIVE TO BELLIGERENT, AGGRAVATED AND HE USED EXCESSIVE PROFANITY, CALLING ME AN "ASSHOLE", "FUCKING ASSHOLE", AND SAYING, "YOU'RE JUST TRYING TO MEET YOUR QUOTA". BEFORE LEAVING THE SCENE THE DEFENDANT'S VEHICLE WAS REMOVED BY KNIGHTLY AUTOMOTIVE. WHILE TRANSPORTING THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, HIS MOOD CHANGED BACK AND FORTH BETWEEN BELLIGERENT AND PROFANE TO COOPERATIVE. THE DEFENDANT CALLED THIS DEPUTY, "GAY", CONTINUED TO SAY, "YOU'RE AN ASS HOLE", SAID HE WAS GOING TO GET FIRED FROM HIS JOB, STATED, "I ONLY HAD TWO BEERS, I'LL PROBABLY BLOW ONLY ONE OVER", AND THAT HE WANTED TO CALL HIS GIRLFRIEND. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS TURNED OVER TO OFFICER BYRNES WHO READ THE DEFENDANT MIRANDA AND IMPLIED CONSENT. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH WHICH YIELDED RESULTS OF .136 AND .122. 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 4123-XDX WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2954-FIR, FOR FAILURE TO CHANGE ADDRESS WITH A $75.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. DEFENDANT WAS ISSUED WARNING 235562-B FOR HEADLAMP OUT. *NOT-EXEMPT* |
