| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR09110061) VICK, BRYAN 0684 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 071809, AT 0137 HOURS, DEPUTY PERUCHE ASKED FOR BACK UP ON HIGHWAY 19 AND WHITE DOGWOOD. HE ADVISED ME THAT HE WAS SITTING IN THE MIDDLE OF THE MEDIAN ON US HIGHWAY 19 RUNNING STATIONARY RADAR FACING SOUTH IN FRONT OF THE HARLEY DAVIDSON DEALERSHIP. HE THEN ADVISED THAT HE FELT THE VEHICLE ROCK SIDEWAYS FROM THE WIND. DEPUTY PERUCHE LOOKED UP AND SAW THE SUSPECT'S VEHICLE COME EXTREMELY CLOSE TO STRIKING HIS PATROL VEHICLE, AND SAW THE SUSPECTS VEHICLE WAS IN THE MEDIAN. THE SUSPECT CONTINUED IN THE MEDIAN AND MADE HIS WAY BACK ONTO THE ROAD FOR A SHORT TIME, AND THEN STEERED BACK INTO THE MEDIAN. DEPUTY PERUCHE THEN INITIATED A TRAFFIC STOP ON THAT VEHICLE. WHILE I MADE CONTACT WITH THE DEFENDANT ON SCENE, DEPUTY PERUCHE MET WITH TWO WITNESSES WHO SAW THE SUSPECT WHO NEARLY STRUCK HIS VEHICLE AND HE WILL LATER TURN IN THEIR INFORMATION WITH HIS SUPPLEMENT. I MADE CONTACT WITH THE DEFENDANT AND DETERMINED THAT HE WAS UNDER THE INFLUENCE DUE TO HIS GLASSY EYES, SLURRED SPEECH, AND STRONG ODOR OF ALCOHOL ON HIS BREATH I ASKED HIM TO EXIT THE VEHICLE, AND CORPORAL BONURA ESCORTED THE DEFENDANT OVER TO HIS PATROL VEHICLE. IT SHOULD BE NOTED, THE DEFENDANT WAS HAVING A DIFFICULT TIME KEEPING HIS BALANCE AND CORPORAL BONURA HAD TO ASSIST HIM OVER TO THE FRONT OF THE PATROL VEHICLE. AT THAT TIME, CORPORAL BONURA 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. WHEN ASKED TO TOUCH THE TOP OF THE PEN, THE DEFENDANT TOUCHED THE BOTTOM OF THE PEN INSTEAD OF THE TOP; HE FOLLOWED THE PEN WITH HIS HEAD, AND CHASED THE PEN WITH HIS FINGER TRYING TO TOUCH IT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STAGGERED AND COULD NOT COUNT THE STEPS OUT LOUD. THE DEFENDANT ALSO TOOK TWELVE STEPS THAT WAS NOT HEEL TO TOE. HE THEN TURNED AND TOOK APPROXIMATELY FOUR STEPS AND STOOD THERE. CORPORAL BONURA ASKED IF HE WAS FINISHED AND HE SAID "YES". TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE, AND COULD NOT COUNT. TASK FOUR; FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT DURING THE TASK THE DEFENDANT COULD NOT LOCATE HIS NOSE, AND HE HAD TO BE CAUGHT FROM FALLING OVER BY TWO DEPUTIES. TASK FIVE ALPHABET WITH RHOMBERG, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, WE DETERMINED THAT THE DEFENDANT'S HIGHEST FORM OF EDUCATION WAS 11TH GRADE; HE SLURRED HIS LETTERS, SKIPPED MANY LETTERS, AND ALSO USED THE LETTERS IN THE WRONG ORDER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT BY THE BREATHALYZER OPERATOR REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT REFUSED TO SUBMIT TO THE TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S AUTO BODY. 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 4126-XDX WITH A MANDATORY COURT APPEARANCE OF 080609 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. ALL FOOTAGE FROM THE IN -CAR- VIDEO WILL BE SUBMITTED TO EVIDENCE. *NOT-EXEMPT* |
