| Date of birth: | Jul 6, 1977 |
| Probable cause affidavit: | SUBMITTED BY: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) OFFICER JONES, JOHN (AR15-16144) NOVACK BUI ON AUGUST23, 2015 AT APPROXIMATELY 1450 HOURS FWC OFFICER LAIRD CANFIELD AND I WERE ON WATER PATROL USING OUR LARGE FWC OFFSHORE PATROL BOAT. WE WERE HEADING EAST IN THE SALT RIVER AT COON GAP. AS WE PROCEED UP SALT RIVER WE OBSERVED TWO VESSEL BEING OPERATED IN EXCESS OF THE MARKED MANATEE ZONE OF SLOW SPEED / MINIMUM WAKE. THE VESSELS WERE A SMALL JET BOAT AND ONE JET SKI AND WERE BEING OPERATED ON A FULL PLANE. A VESSEL STOP WAS INITIATED ON BOTH VESSELS AT WHICH TIME WE MADE CONTACT WITH THE OPERATORS. I SPOKE WITH THE OPERATOR OF THE JET, KEVIN NOVACK AND ADVISED HIM WHY HE AND HIS COMPANION VESSEL WAS STOPPED. I ADVISED NOVACK THAT HE WOULD BE RECEIVING A CITATION FOR THE VIOLATION OF THE MANATEE ZONE. WHY INTERACTING WITH NOVACK I NOTICED HE WAS SPEAKING WITH A THICK TONGUE AND WAS VERY LETHARGIC. I COMPLETED THE MANATEE CITATION AND ASKED THAT NOVACK STEP INTO MY PATROL BOAT IN ORDER TO HAVE HIM SIGN AND ACCEPT HIS COPY. NOVACK WAS STANDING NEXT TO ME AND I COULD CLEARLY SEE HE HAD BLOOD SHOT, GLASSY EYES AND HAD A DISTINCT ODOR CONSISTENT WITH SOMEONE WHO HAD BEEN CONSUMING ALCOHOLIC BEVERAGES. I ADVISED NOVACK THAT I WAS CONCERNED THAT PERHAPS HE WAS UNDER THE INFLUENCE OF ALCOHOL. NOVACK STATED HE HAD HAD A FEW BEERS THROUGHOUT THE DAY IN KINGS BAY. I GAVE NOVACK HIS COPY OF THE MANATEE TICKET AND EXPLAINED HOW HE COULD TAKE CARE OF THE CITATION. I ADVISED NOVACK THAT I NEEDED TO ACT ON MY SUSPICIONS THAT HE WAS IMPAIRED AND ASKED IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASK. NOVACK AGREED TO PERFORM THE TASK WITHOUT HESITATION. WITH THE HEAVY VESSEL TRAFFIC IN THE AREA I DECIDED TO TOW NOVACKâ S VESSEL TO A NEAR-BY DOCK AT THE MARINE SCIENCE CENTER. THE DOCK WAS APPROXIMATELY 40 YARDS FROM THE INITIAL STOP LOCATION. UPON OUR ARRIVAL NOVACK WAS REMOVED FROM MY PATROL VESSEL AND ALLOWED TO SIT FOR APPROXIMATELY 5 MINUTES BEFORE STARTING THE TASKS. I ASKED NOVACK THE PRE-TASK QUESTIONS TO WHICH HE ANSWERED NO TO ALL. ALL THE TASK DIRECTIONS WERE READ FROM A PREPARED TEXT AND WERE DEMONSTRATED TASK 1: HORIZONTAL GAZE NYSTAGMUS DURING THE TASK NOVACK FAILED TO KEEP HIS HEAD STILL AND FOLLOW MY PEN WITH HIS EYES ONLY AFTER BEING TOLD TO NOT MOVE HIS HEAD ON TWO OCCASIONS. I OBSERVED THE LACK OF SMOOTH PURSUIT IN BOTH EYES, DISTINCT NYSTAGMUS AT MAX. DEVIATION AND ONSET OF NYSTAGMUS PRIOR TO 45% ANGLE. TASK 2: PALM PAT: NOVACK STARTED THE TASK BEFORE BEING TOLD TO. DID NOT COUNT AS INSTRUCTED, DID NOT SPEED UP , MADE A CHOPPING MOTION WITH EACH ATTEMPT AND STOPPED ONCE DURING THE TASK. TASK 3: FINGER TO NOSE DURING THE TASK NOVACK DID NOT KEEP HIS HEAD TILTED BACK AND WAS REMINDED TO DO SO TWICE. HE OPENED HIS EYES ONCE DURING THE TASK AND DID NOT TOUCH THE TIP OF HIS NOSE ON ANY OF THE ATTEMPTS. TASK 4: ONE LEG STAND: WHILE THE SEATED TASK WERE BEING NOVACK WAS ABLE TO ACCLIMATE HIS BALANCE PRIOR TO THE BALANCE TASK. DURING THE TASK NOVACK PUT HIS LEFT FOOT DOWN WHILE COUNTING THE NUMBERS, 2,4, 8, 11, 19. HE STOPPED DURING THE TASK, LOST HIS COUNT AND HAD TO START OVER. LOST HIS BALANCE DURING THE TASK AND RAISED HIS RIGHT ARM UP TO REGAIN HIS BALANCE. \tTASK 5: WALK AND TURN: \t\t THE TASK WAS CONDUCTED ON THE LARGE FLAT PERMANTLEY FIXED BOAT DOCK. THE NARROW JOINTS OF THE DOCKS BOARDS WERE USED AS A STRAIGHT LINE FOR NOVACK TO WALK. DURING THE TASK NOVACK WALK OFF THE LINE AT STEP 4 AND DID NOT GET BACK ON THE LINE. DURING HIS IMPROPER TURN HE STUMBLED AND STARTED BACK DOWN THE LINE. AGAIN HE WENT OFF THE LINE AT STEP 4 AND DID NOT GET BACK ON THE LINE. AT THE LAST STEP HE LOST HIS BALANCE AND HAD TO GRAB THE NEARBY DOCK RAIL IN ORDER TO KEEP FROM FALLING. AT THE CONCLUSION OF THE TASK AT APPROXIMATELY 1529 HOURS I ADVISED NOVACK THAT I HAD PROBABLE CAUSE TO BELIEVE HE WAS OPERATING HIS VESSEL WHILE IMPAIRED. I EXPLAINED THAT HE WOULD BE PLACED UNDER ARREST AND ASK TO SUBMIT TO AN APPROVED TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT. I ASKED IF HE UNDERSTOOD AND HE STATED HE DID. HE STATED HE HAD A DUI YEARS AGO AND WAS FAMILIAR. NOVACK WAS HANDCUFFED, WHICH WERE DOUBLE LOCKED AND WAS TRANSPORTED TO THE CITRUS COUNTY JAIL BY CITRUS COUNTY SHERIFFâS OFFICE DEPUTY. UPON HIS ARRIVAL NOVACK WAS READ HIS IMPLIED CONSENT WARNING AND WAS ASKED IF HE WOULD SUBMIT TO THE TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT THEREOF. NOVACK DID SUBMIT TO THE TEST OF WHICH RESULTS WERE .122 AND .125. NOVACK WAS ISSUED A CITATION FOR OPERATING A VESSEL WITH AN UNLAWFUL BREATH LEVEL OF .08% OR HIGHER AND WAS ADVISED TO APPEAR ON SEPTEMBER 09, 2015 CITRUS COUNTY COURT, COURT ROOM B JUDGE MARK YERMAN. |
| Inmate name: | KEVIN MATTHEW NOVACK |
| Arrest number: | 16144 |
| Arrest date: | Aug 23, 2015 |
| Arrest type: | Misdemeanor |
| Booking location: | Citrus County, FL |
| Code: | 327.35(1)(B) |
| Charge description: | Boat Under Influence - 1st Off - BAC of .08 or More per 100 |
| Bond amount: | $500 |
