| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR08103592) 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 060508, WHILE I WAS AT ANOTHER CALL AT WALGREEN'S LOCATED IN CRYSTAL RIVER, A WHITE FEMALE APPROACHED ME AND STATED SHE WAS TRAVELING ON HIGHWAY 19 AND SHE OBSERVED A RED PICKUP TRUCK DRIVING EXTREMELY ERRATICALLY, DRIVING ON TO CURBS, AND RUNNING PEOPLE OFF THE ROAD. I NOTIFIED DEPUTY BERGEN OVER THE RADIO OF THE POSSIBLE DRUNK DRIVER IN THE AREA OF HIGHWAY 19 AND THE FORMER FRED'S STORE. AS I CLEARED MY OTHER CALL AND HEADED SOUTH BOUND ON HIGHWAY 19, DEPUTY BERGEN LOCATED THE RED PICKUP TRUCK AND INITIATED A TRAFFIC STOP. DEPUTY BERGEN ADVISED ME THAT THE VEHICLE HAD RUN THE STOP SIGN NEXT TO KENTUCKY FRIED CHICKEN AND JUST PULLED ONTO HIGHWAY 19. DEPUTY BERGEN APPROACHED THE VEHICLE AND IMMEDIATELY DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DRIVER. HE ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. THE DRIVER STATED HE LEFT HIS WALLET AT HOME AND DID NOT HAVE A DRIVER'S LICENSE. HE DID PRODUCE A FLORIDA REGISTRATION. DEPUTY BERGEN WENT BACK TO MY PATROL VEHICLE AND ADVISED ME THAT THE DRIVER DID SMELL OF A STRONG ODOR OF AN ALCOHOLIC BEVERAGE. I ADVISED DEPUTY BERGEN THAT I WOULD CONDUCT FIELD SOBRIETY TASKS ON THE DRIVER. DEPUTY BERGEN POSITIONED HIS PATROL VEHICLE SO HE COULD ACTIVATE HIS IN-CAR VIDEO SO I COULD RECORD THE SOBRIETY TASKS. I APPROACHED THE DRIVER'S SIDE OF THE RED DODGE PICKUP TRUCK AND MADE CONTACT WITH THE DRIVER/DEFENDANT. AT THIS TIME, I COULD DETECT A VERY, VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE. THE DRIVER'S EYES WERE EXTREMELY BLOODSHOT AND GLASSY AND AS I WAS ADVISING HIM I WAS GOING TO PERFORM SOME FIELD SOBRIETY TASKS ON HIM, HE WAS HAVING A HARD TIME UNDERSTANDING ME. AT THIS TIME, I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE TO PERFORM THE FIELD SOBRIETY TASKS. AS HE STEPPED OUT, HE LOST HIS BALANCE, FALLING BACKWARDS SO THAT I CAUGHT HIM TO STEADY HIM. I TOOK HIM TO A PARKING SLOT AND I ASKED HIM IF HE COMPLETED HIGH SCHOOL HE STATED HE GRADUATED HIGH SCHOOL AND COLLEGE. 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, RHOMBERG ALPHABET TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT COMPLETE HIS ALPHABET AND HE STOPPED AT THE LETTER "V". THE DEFENDANT WAS UNSTEADY ON HIS FEET AND WOULD NOT CLOSE HIS EYES. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN AT THE COUNT OF EIGHT, LOST HIS BALANCE TAKING STEPS BACKWARDS TO THE POINT DEPUTY BERGEN HAD TO STEADY HIM. THE DEFENDANT DID NOT TRY THIS TASK AGAIN. TASK THREE, 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT WALK HEEL TO TOE, STEPPED OFF THE LINE, DID NOT COUNT OUT LOUD, TOOK MORE THAN NINE STEPS, AND LOST HIS BALANCE STEPPING OFF THE LINE TO STEADY HIM WITH THE USE OF HIS ARMS. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT POINT FORWARD, DID NOT KEEP HIS EYES CLOSED, AND WHEN I TOLD THE DEFENDANT TO USE HIS RIGHT ARM, HE USED HIS LEFT AND MISSED THE TIP OF HIS NOSE TOUCHING THE SIDE OF HIS NOSE. I TOLD HIM TO DO HIS LEFT HAND AND HE USED HIS RIGHT HAND. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA 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 HE WANTED TO SPEAK TO HIS LAWYER. THIS IS THE SECOND DRIVING UNDER THE INFLUENCE (DUI) ARREST AND ON HIS FIRST DUI ARREST, HE REFUSED TO TAKE THE BREATHALYZER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .079 AND .074. THE DEFENDANT STATED THAT HE WAS PRESCRIBED PAIN KILLERS AND XANAX AND THAT HE HAD TAKEN THEM AND THEN HE STATED HE HAD NOT TAKEN ANY. IT WAS AT THIS TIME THAT THIS DEPUTY ASKED THE DEFENDANT TO SUBMIT TO AN APPROVED BLOOD TEST DUE TO THE FACT HE ADMITTED IN FRONT OF THIS DEPUTY AND DEPUTY DOYLE HE HAD TAKEN PAIN KILLERS THE DEFENDANT REFUSED TO A BLOOD TEST STATING HE DID NOT WANT PEOPLE TO KNOW WHAT WAS IN HIS SYSTEM. I THEN ADVISED HIM AGAIN A REFUSAL WOULD SUSPEND HIS DRIVER'S LICENSE AND HE STATED HE DID NOT CARE. A REFUSAL FORM WAS COMPLETED AND PLACED WITH THIS ARREST REPORT. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 6940-XDI, WITH A MANDATORY COURT APPEARANCE OF 061908 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 5779-FGW, FOR FAILURE TO EXHIBIT DRIVER'S LICENSE ON DEMAND AND UTC NUMBER 578-FGW, FOR NO PROOF OF INSURANCE ALONG WITH BEING ISSUED A WRITTEN WARNING NUMBER 225876-B, FOR FAILURE TO STOP AT STOP SIGN AT HIGHWAY 19 AND SE 8TH TERRACE. IT SHOULD BE NOTED THAT WHEN I ASKED THE DEFENDANT TO SIGN THE CITATIONS HE STATED THAT HE WAS NOT DRIVING. HE THOUGHT HE WAS ARRESTED FOR DOMESTIC BATTERY. I ADVISED THE DEFENDANT OF ALL THAT TRANSPIRED AGAIN AND HE STATED HE THOUGHT HE WAS STOPPED AT DENNY'S AND DID NOT REALIZE WHERE HE WAS ACTUALLY STOPPED. *NOT-EXEMPT* |
