| Date of birth: | Mar 1, 1962 |
| Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR08101917) ON 022708 AT 0154 HOURS, I OBSERVED A BLUE DODGE PICK-UP TRAVELING NORTH ON US HIGHWAY 41 IN FRONT OF PUBLIX AT A HIGH RATE OF SPEED. THE VEHICLE WAS DOING 51 MILES PER HOUR (MPH) IN A 35 MPH ZONE AS CONFIRMED BY MY RADAR. WHILE TURNING AROUND AND ATTEMPTING TO CATCH UP TO THE VEHICLE, I OBSERVED HIM CROSS OVER THE CENTER LINE TWICE DRIVING ON the WRONG SIDE OF the ROADWAY. THE VEHICLE DID THIS FOR APPROXIMATELY 50 TO 75 YARDS, EACH TIME ON the WRONG SIDE OF THE ROADWAY. THE SECOND TIME WAS WHILE CROSSING OVER A BRIDGE just NORTH OF MIDDLE SCHOOL DRIVE. UPON STOPPING THE VEHICLE I APPROACHED THE DRIVER/DEFENDANT, MR KENNETH SWESEY, AND UPON ASKING FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION I NOTICED THE SMELL OF FRESH ALCOHOL. THE DEFENDANT'S SPEECH WAS SLURRED AND his EYES WERE HAZING, GAZING AWKWARDLY AROUND the INTERIOR OF HIS VEHICLE. THE DEFENDANT HAD DIFFICULTY LOCATING his DRIVER'S LICENSE AND REGISTRATION, and GAVE this DEPUTY THE WRONG REGISTRATION UPON THE FIRST ATTEMPT. AT THAT TIME I ASKED THE DEFENDANT TO EXIT the VEHICLE TO BEGIN CONDUCTING FIELD SOBRIETY TASKS. AS THE DEFENDANT EXITED THE VEHICLE HE WAS UNSTEADY AND ASKED this DEPUTY TO REPEAT THINGS SEVERAL TIMES. ONE OF THE QUESTIONS I ASKED the DEFENDANT WHILE WALKING TO the FRONT OF MY PATROL VEHICLE WAS WHERE he HAD BEEN COMING FROM, TO WHICH HE STATED HE JUST LEFT GRIFF'S AND WAS GOING HOME. THE DEFENDANT FURTHER STATED THAT HE just HAD THREE DRINKS TO CELEBRATE his BIRTHDAY WHICH IS APPROXIMATELY ON MARCH FIRST. I THEN BEGAN FIELD SOBRIETY TASKS. the FIRST TASK WAS HORIZONTAL GAZE NYSTAGMUS, TO WHICH the DEFENDANT DISPLAYED SLIGHTLY POOR BALANCE and MODERATE NYSTAGMUS IN BOTH HIS LEFT and RIGHT EYE, and the LACK OF ABILITY OF SMOOTH PURSUIT IN BOTH EYES. the SECOND TASK WAS THE FINGER TO NOSE, TO WHICH the DEFENDANT WAS GIVEN INSTRUCTIONS TWICE ALONG WITH A DEMONSTRATION BY THIS DEPUTY. THE DEFENDANT DID NOT KEEP HIS EYES CLOSED DURING THE TASK AND FAILED TO RETURNING HIS ARMS TO SIDE, AND ALSO MISSED the TIP OF his NOSE WITH HIS INDEX FINGER. THE WALK AND TURN TASK AND THE ONE LEG STAND TASK WERE NOT DONE TO THE DEFENDANT STATING THAT HE COULD NOT PERFORM THOSE TASKS BECAUSE OF BUNIONS ON HIS FOOT. AT THAT TIME IT WAS DETERMINED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF ALCOHOL, TO WHICH HE WAS THEN ASKED IF HE FELT INTOXICATED. THE DEFENDANT THEN REPLIED ON A SCALE OF ONE TO TEN I FEEL THAT I AM A FOUR. AT THAT TIME I INFORMED THE DEFENDANT HE WAS going TO BE ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI). UPON HIS REQUEST DUE TO this POLITENESS I DID ALLOW HIM TO USE his CELLULAR TELEPHONE TO CALL A FRIEND TO PICK UP his VEHICLE. the DEFENDANT WAS THEN PLACED IN HAND RESTRAINTS (DOUBLE-LOCKED) and READ MIRANDA AND IMPLIED CONSENT FROM A PREPRINTED CARD. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS GIVEN AN INTOXILYZER, AT APPROXIMATELY 0311 HOURS AND 0314 HOURS, TO WHICH HE REFUSED TO, MEET THE VOLUME REQUIRED BY THE INTOXILYZER. ACCORDING TO the INTOXILYZER OPERATOR the DEFENDANT WAS TRYING TO MANIPULATE THE RESULTS OF THE MACHINE AND UPON A THIRD TRY AGAIN TRIED TO MANIPULATE THE RESULTS and REFUSED TO BLOW PROPERLY. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION FOR CARELESS DRIVING DUE TO EXCESSIVE SPEED and DRIVING ON THE WRONG SIDE OF THE ROADWAY. HE WAS ALSO ISSUED A UNIFORM DUI CITATION NUMBER 4068-XDX FOR DUI. THE DEFENDANT'S BOND WAS SET AT $500.00, PER the BOND SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Feb 27, 2008 |
| Booking number: | 08101917 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1)(A) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
