| Probable cause affidavit: |
SUBMITTED BY: ZAREK, MICHAEL 1359 (AR16-21303) 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)(A). ON 101316, AT APPROXIMATELY 2306, I RESPONDED TO THE INTERSECTION OF EAST TURNER CAMP ROAD AND EAST BANKS COURT, IN INVERNESS, AS BACKUP FOR LIEUTENANT GLAZE (0299) WHO WAS CURRENTLY ON A TRAFFIC STOP. UPON ARRIVAL, I MADE CONTACT WITH LIEUTENANT GLAZE WHO ADVISED THAT WHILE HE WAS TRAVELING ON TURNER CAMP ROAD HE OBSERVED A VEHICLE PASSING ON DOUBLE SOLID YELLOW LINES, AT WHICH TIME HE INITIATED A TRAFFIC STOP. LIEUTENANT GLAZE THEN CONTACTED DISPATCH TO HAVE ANOTHER UNIT EN ROUTE TO HIS LOCATION. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR KENNETH OSBOURNE. WHILE SPEAKING TO THE DEFENDANT, I OBSERVED A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND HIS SPEECH WAS SLOW AND SLURRED. AT THAT TIME, I ASKED THE DEFENDANT TO PLEASE STEP OUT OF THE VEHICLE AND COME BACK TO MY PATROL VEHICLE. AFTER EXITING HIS VEHICLE, THE DEFENDANT STUMBLED AND USED HIS VEHICLE TO MAINTAIN HIS BALANCE. I THEN 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT REMEMBER THE INSTRUCTIONS AND HAD TO ASK WHICH FOOT NEEDED TO BE IN WHAT POSITION. THE DEFENDANT THEN BEGAN TO WALK; HOWEVER, HE DID NOT COUNT OUT LOUD AS EXPLAINED AND DEMONSTRATED. THE DEFENDANT THEN STEPPED OFF THE LINE MULTIPLE TIMES AND USED HIS ARMS TO MAINTAIN HIS BALANCE. WHILE TAKING THE FIRST NINE STEPS, THE DEFENDANT STOPPED TO STEADY HIMSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO THIS TASK, THE DEFENDANT TOOK OFF HIS BOOTS AND ADVISED THAT IT WOULD HELP HIM TO PERFORM THE TASK. DURING THIS TASK, THE DEFENDANT RAISED HIS LEFT FOOT IN THE AIR APPROXIMATELY SIX INCHES OFF THE GROUND. WHILE PERFORMING THE TASK, THE DEFENDANT SWAYED BACK AND FORTH CONSTANTLY AND NEEDED TO USE HIS ARMS FOR BALANCE. THE DEFENDANT ALSO PLACED HIS FOOT DOWN MULTIPLE TIMES AND AT ONE POINT HE BEGAN HOPPING BACKWARDS. THE DEFENDANT THEN ENDED THE TASK AND STATED ââI CANâT DO IT.ââ AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH LIEUTENANT GLAZE; SEE SUPPLEMENT FOR FURTHER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 0312-XEJ 7, WITH A MANDATORY COURT APPEARANCE ON 102716 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. LIEUTENANT GLAZE ALSO ISSUED THE DEFENDANT FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 5239-FGW X, FOR IMPROPER PASSING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
