| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (17-14688) (AR17-22441) 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 012817, DEPUTY HRYC (0701) CONDUCTED A TRAFFIC STOP AT WEST CARDINAL STREET AND SOUTH PLEASANT AVENUE, IN HOMOSASSA, SEE DEPUTY HRYCâS SUPPLEMENT FOR FURTHER. I RESPONDED TO THE LOCATION OF THE TRAFFIC STOP IN REFERENCE TO A POSSIBLE DRIVING UNDER THE INFLUENCE. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, MR KEVIN KOLASA, WHO I IMMEDIATELY NOTICED TO HAVE A SLURRED SPEECH, THE ODOR OF ALCOHOL WAS FAINT, HOWEVER PRESENT. THE DEFENDANT WAS VERY NERVOUS AND DID NOT KNOW WHY HE HAD BEEN PULLED OVER BECAUSE HE THOUGHT HE HAD DONE NOTHING WRONG. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, THE DEFENDANT ADVISED THAT HE WOULD AND I ASKED HIM TO STEP OUT OF THE VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNING FROM A PRE-PRINTED AGENCY ISSUED MIRANDA CARD AT 2307 HOURS, THE DEFENDANT WAS ALSO EXPLAINED IMPLIED CONSENT. THE DEFENDANT ADVISED THAT HE UNDERSTOOD ALL THOSE RIGHTS AND WISHED TO CONTINUE WITH ALL OF THE EXERCISES. 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. THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS FOR THE TASK. THE DEFENDANT HAD LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT WAS UNABLE TO MAINTAIN FOCUS ON MY FINGER AT MAXIMUM DEVIATION WHICH HAD TO BE REPEATED SEVERAL TIMES HOWEVER, NYSTAGMUS WAS PRESENT AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. VERTICAL NYSTAGMUS WAS PRESENT IN BOTH THE LEFT AND RIGHT EYES. THE DEFENDANT PUPIL AREA RESPONSE WAS NORMAL. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO MAINTAIN HIMSELF IN THE INSTRUCTIONARY POSITION. THE DEFENDANT RAISED HIS ARMS OUT TO THE SIDE FOR BALANCE MULTIPLE TIMES. THE DEFENDANT DID NOT MAKE HEEL TO TOE CONTACT AT ALL DURING ANY OF THE 18 STEPS. THE DEFENDANT ONLY COUNTED THE FIRST FOUR STEPS AS INSTRUCTED, AND THEN AFTER THAT DID NOT COUNT ANY FURTHER. THE DEFENDANT FAILED TO COMPLETE THE TURN AS INSTRUCTED, THE DEFENDANT STEPPED OFF LINE MULTIPLE TIMES DURING THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED BOTH ARMS STRAIGHT OUT TO THE SIDE FOR BALANCE DURING THE WHOLE EXERCISE, THE DEFENDANT WAS SWAYING LEFT AND RIGHT, THE DEFENDANT COUNTED TO ONE ONE-THOUSAND AND THEN PUT HIS TOE ON THE GROUND CONSISTENTLY, WHILE KEEPING HIS HEEL UP AND CONTINUED COUNTING TO FOUR BEFORE LOOSING HIS BALANCE COMPLETELY, THE DEFENDANT REGAINED HIS COMPOSURE AND THEN BEGAN COUNTING AT THREE ONE-THOUSAND, BUT ONLY MADE IT TO FOUR BEFORE LOOSING HIS BALANCE. THE DEFENDANT STARTED AGAIN AND IN THE SAME MANNER AS BEFORE KEEPING HIS TOE IN CONTACT WITH THE GROUND CONSTANTLY AND HIS HEEL UP CONTINUING TO COUNT FROM FOUR TO EIGHT AND THEN AGAIN LOOSING HIS BALANCE. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO UNDERSTAND THE INSTRUCTIONS COMPLETELY THE FIRST TIME. WHEN ASKED TO BEGIN, THE DEFENDANT TILTED HIS HEAD BACK, BUT DID NOT CLOSE HIS EYES. THE INSTRUCTIONS WERE REPEATED AND UPON THE SECOND ATTEMPT, THE DEFENDANT TILTED HIS HEAD BACK INITIALLY AND CLOSED HIS EYES, I GAVE THE DEFENDANT THE COMMAND FOR LEFT AND THE DEFENDANT PLACED HIS LEFT ARM STRAIGHT OUT TO THE SIDE, HOWEVER DID NOT MOVE FROM THAT POSITION. I REPEATED THE INSTRUCTIONS TO THE DEFENDANT A THIRD TIME, AND AGAIN ASKED HIM IF HE FULLY UNDERSTOOD ALL THE INSTRUCTIONS, WHICH HE STATED HE DID . THE DEFENDANT WAS ASKED TO BEGIN AND THE COMMAND FOR LEFT WAS GIVEN AND THE DEFENDANT TOUCHED THE TIP OF HIS LEFT FINGER TO THE BRIDGE OF HIS NOSE AND THEN SLID HIS FINGER DOWN TO THE TIP OF HIS NOSE. THE COMMAND FOR RIGHT WAS GIVEN AND IN THE SAME MANNER THE DEFENDANT TOUCHED THE TIP OF HIS RIGHT FINGER TO THE BRIDGE OF HIS NOSE AND SLID HIS FINGER DOWN TO THE TIP OF HIS NOSE. COMMAND FOR LEFT WAS GIVEN, THIS TIME THE DEFENDANTâS HEAD WAS NO LONGER TILTED BACK, THE DEFENDANT TOUCHED THE TIP OF HIS LEFT FINGER TO THE BOTTOM OF HIS NOSE. THE COMMAND FOR LEFT WAS GIVEN AND THE DEFENDANT TOUCHED THE TIP OF HIS LEFT FINGER TO THE BRIDGE OF HIS NOSE AND ROLLED HIS FINGER TO THE TIP OF HIS NOSE. THE COMMAND FOR RIGHT WAS GIVEN AND THE DEFENDANT TOUCHED THE RIGHT TIP OF HIS FINGER TO THE BOTTOM OF HIS NOSE. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 AT THE SCENE AND ARRANGEMENTS WERE MADE WITH HIS WIFE AT THE REQUEST OF THE DEFENDANT TO RECOVER THE VEHICLE. 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 THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER A44KSCE WITH A MANDATORY COURT APPEARANCE OF 021617 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
