| Probable cause affidavit: |
SUBMITTED BY: CZECHOWSKI, RONALD 0484 (AR07004856) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 090207 AT APPROXIMATELY 0140 HOURS, WHILE USING THE STATIONARY RADAR ON NORTH LECANTO HIGHWAY IN BEVERLY HILLS, I OBSERVED A SPORTS UTILITY VEHICLE (SUV) VEHICLE TRAVELING NORTH ON NORTH LECANTO HIGHWAY. THE VEHICLE APPEARED TO BE TRAVELING AT A HIGH RATE OF SPEED WHICH I ESTIMATED THE SPEED OF THE VEHICLE TO BE 60 MILES PER HOUR (MPH) IN A POSTED 40 MPH ZONE. AT THAT TIME I ACTIVATED MY DEPARTMENT ISSUED RADAR AND RECEIVED A CLEAR DOPPLER TONE AND A READ OUT OF THE VEHICLE'S SPEED AT 63 MPH. I ACTIVATED MY OVERHEAD LIGHTS AND SIREN, AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT THE INTERSECTION OF NORTH LECANTO HIGHWAY AND WEST PINE RIDGE BOULEVARD. UPON EXITING MY PATROL VEHICLE I APPROACHED THE DEFENDANT'S VEHICLE. ON FIRST CONTACT WITH THE DRIVER/DEFENDANT, MR KEVIN ROOF, I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER'S FRONT WINDOW. I ASKED THE DEFENDANT IF HE COULD PROVIDE ME with HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND INSURANCE, TO which HE HANDED ME HIS FLORIDA DRIVER'S LICENSE. THE DEFENDANT THEN STATED THAT HIS INSURANCE AND REGISTRATION WERE IN THE GLOVE COMPARTMENT. AT THAT TIME HE RETRIEVED A SEALED WHITE ENVELOPE FROM THE GLOVE BOX WHICH APPEARED TO BE FROM HIS INSURANCE COMPANY. THE DEFENDANT APPEARED TO HAVE A HARD TIME OPENING THE SEALED ENVELOPE, AND AFTER SEVERAL ATTEMPTS WAS ABLE TO OPEN AND RETRIEVE HIS VEHICLE INSURANCE CARD. THE DEFENDANT THEN LOCATED HIS VEHICLE REGISTRATION CARD IN THE CENTER CONSOLE BETWEEN THE DRIVER AND PASSENGER SEATS. WHILE SPEAKING with THE DEFENDANT I AGAIN DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DEFENDANT ALSO HAD GLASSY BLOOD SHOT EYES AND SLURRED speech. I ASKED THE DEFENDANT IF HE KNEW WHAT THE SPEED LIMIT WAS THROUGH BEVERLY HILLS, TO WHICH HE STATED NO. I ADVISED THE DEFENDANT THAT I HAD DETECTED HIS SPEED AT 63 MPH IN A POSTED 40 MPH ZONE. THE DEFENDANT THEN ADVISED ME THAT HE HAD NO IDEA HOW FAST HE WAS GOING. AT THAT TIME I CONTACTED DEPUTY CARRERAS AND ASKED HIM TO RESPOND TO THE SCENE. UPON HIS ARRIVAL I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE STATED NO. I THEN ADVISED THE DEFENDANT THAT I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND THE VEHICLE, TO WHICH HE STATED HE DID HAVE A FEW DRINKS AT 1600 HOURS ON 090107. I THEN ASKED THE DEFENDANT IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. 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 HAD A KNEE INJURY A FEW YEARS BACK, AT WHICH TIME HE POINTED TO HIS RIGHT KNEE, AND STATED IT WOULD NOT HINDER HIS ABILITY TO DO THE TASKS. TASK ONE, 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 FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TWICE WHILE CONDUCTING THE TASK, THE DEFENDANT STOPPED FOLLOWING THE PEN AND LOOKED AT MY EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING TO THE DEFENDANT HOW TO DO THE TASK, THE DEFENDANT REFUSED TO STAND IN the POSITION I ASKED HIM TO STAND IN, AND CONTINUOUSLY INTERRUPTED THE INSTRUCTIONS TO ASK QUESTIONS. DURING THIS TASK, THE DEFENDANT ON THE FIRST NINE STEPS DID NOT COMPLETE HEEL TO TOE ON THE THIRD AND SEVENTH STEP. ON THE NINTH STEP WHEN the DEFENDANT WAS DOING HIS PIVOT HE LIFTED BOTH FEET OFF THE GROUND ON his PIVOT AND FAILED TO PUT HIS HEEL TO TOE BEFORE STARTING HIS SECOND NINE STEPS. WHILE COMPLETING HIS RETURN NINE STEPS, HE STEPPED OFF the LINE. THE DEFENDANT TWICE RAISED HIS HANDS ON THE FIFTH STEP, AND ON THE EIGHT STEPS HE FAILED TO TOUCH HEEL TO TOE. IT SHOULD BE NOTED THE DEFENDANT FAILED TO COUNT OUT LOUD THE STEPS ON BOTH SETS OF NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE DEMONSTRATING THE TASK THE DEFENDANT KEPT INTERRUPTING THIS DEPUTY'S INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT COMPLETED THE TASK BUT ONLY TO SEVEN ONE THOUSAND AND THEN PUT HIS FOOT DOWN AND STAGGERED BACKWARDS ALMOST FALLING DOWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. WHILE PLACING THE DEFENDANT IN HANDCUFFS HE STATED HE DID NOT UNDERSTAND WHY HE WAS BEING ARRESTED AND BELIEVED HE PASSED THE TASK WITHOUT ANY DIFFICULTIES OR PROBLEMS. I THEN SECURED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ MIRANDA WARNINGS VIA PRE-PRINTED 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. DEPUTY CARRERAS REMAINED AT THE SCENE WITH THE DEFENDANT'S VEHICLE AND AWAITED HOLMAN'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7855-XAD WITH A MANDATORY COURT APPEARANCE OF 090607 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 4676-FGW , FOR SPEEDING 63 MPH IN A 40 MPH ZONE WITH A $213.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. WHILE AT the CITRUS COUNTY DETENTION FACILITY I WAS CONTACTED BY DEPUTY CARRERAS. HE ADVISED THAT UPON JOINT INSPECTION OF THE DEFENDANT'S VEHICLE with THE HOLMAN'S DRIVER, HE DISCOVERED THE DEFENDANT'S WALLET IN THE CENTER CONSOLE BETWEEN THE DRIVER AND PASSENGER SEATS. THE WALLET CONTAINED $124.00 IN CASH, SIX TWENTY DOLLAR BILLS AND FOUR ONE DOLLAR BILLS AND THE DEFENDANT'S CELLULAR TELEPHONE, WHICH WERE LEFT IN the CENTER CONSOLE OF THE VEHICLE. *NOT-EXEMPT* |
