| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR08101945) 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 022808, AT APPROXIMATELY 1410 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE FLORAL CITY AREA AND WHILE RUNNING STATIONARY RADAR IN THE AREA OF SOUTH GREAT OAKS DRIVE AND MAGNOLIA STREET, I OBSERVED A GREEN TOYOTA TRAVELING NORTHBOUND ON GREAT OAKS DRIVE AT A HIGH RATE OF SPEED. I VISUALLY ESTIMATED THE VEHICLE'S SPEED TO BE APPROXIMATELY 30 TO 35 MILES PER HOUR. UPON ACTIVATING MY RADAR TO CONFIRM MY VISUAL ESTIMATION, MY RADAR GAVE A READING OF 33 MILES AN HOUR IN A POSTED 20 MILE PER HOUR ZONE. AT THAT TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE AT THE INTERSECTION OF ORANGE AVENUE AND HIGHWAY 41 SOUTH. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR KIM WRZOSEK, AND EXPLAINED THE REASON FOR MY STOP. THE DEFENDANT REPLIED "IT'S ONLY 20 THROUGH THERE?" I ASKED the DEFENDANT FOR HIS DRIVER'S LICENSE WHICH HE PROVIDED. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED A STRONG ODOR OF ANY ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO NOTICED THAT WHILE SPEAKING WITH ME, THE DEFENDANT WOULD ATTEMPT TO COVER HIS MOUTH WITH HIS LEFT HAND. I ALSO OBSERVED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY AND THE DEFENDANT'S SPEECH WAS SLURRED. AT THIS POINT I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING, AND HE ADVISED HE HAD TWO TO THREE BEERS PRIOR TO DRIVING. I THEN RETURNED TO MY PATROL VEHICLE AND ACTIVATED MY IN-CAR VIDEO CAMERA. I RETURNED TO THE DEFENDANT AND ASKED HIM TO EXIT HIS VEHICLE. UPON EXITING THE VEHICLE, I SPOKE WITH THE DRIVER/DEFENDANT FURTHER, AND THE DEFENDANT AGAIN ADVISED HE HAD HAD TWO TO THREE BEERS PRIOR TO DRIVING. I ASKED THE DEFENDANT WHAT KIND OF BEER HAD HE BEEN DRINKING, AND HE ADVISED 12 OUNCE MILLER LITE BEER IN BOTTLES. I ASKED THE DEFENDANT WHERE HAD HE CONSUMED THE ALCOHOL, AND HE ADVISED AT A FRIEND'S HOUSE IN BROOKSVILLE. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY FOOD TODAY, TO WHICH HE ADVISED HE HAD NOT EATEN ALL DAY. I ASKED the DEFENDANT WHEN THE LAST TIME HE HAD CONSUMED ANY FOOD WAS, AND HE ADVISED IT WAS LAST NIGHT BETWEEN 1900 HOURS AND 2000 HOURS. AT THAT TIME, I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. PRIOR TO PERFORMING THE TASKS, 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 HE HAD A HERNIATED DISC IN HIS BACK. IT SHOULD BE NOTED THAT THE FIELD SOBRIETY TASKS WERE CONDUCTED ON A SMOOTH FLAT SURFACE AND THE WHITE FOG LINE WAS USED AS A GUIDE. 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. WHILE PERFORMING THE TASK, THE DEFENDANT SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND THE DEFENDANT STATED HE UNDERSTOOD THIS TASK. DURING THE INSTRUCTION PHASE, THE DEFENDANT HAD DIFFICULTY MAINTAINING HIS BALANCE WHILE LISTENING TO INSTRUCTIONS AND STARTED THE TASK PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THE TASK, THE DEFENDANT MISSED HEEL TO TOE, STEPPED OFF THE LINE, MADE AN IMPROPER TURN AND STAGGERED/STUMBLED WHILE TURNING. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND HE STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT MADE SEVERAL ATTEMPTS TO PERFORM THE TASK WITH BOTH LEGS; HOWEVER, HE WAS UNABLE TO PERFORM THE TASK AND STATED "I CAN'T DO IT." WHILE ATTEMPTING TO PERFORM THIS TASK, THE DEFENDANT HAD TO HOLD ONTO HIS VEHICLE WITH HIS LEFT ARM TO ASSIST WITH BALANCING. THE DEFENDANT ALSO COMPLAINED OF BACK PAIN WHILE ATTEMPTING THIS TASK. TASK FOUR, FINGER TO NOSE TASK: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AND HE STATED HE UNDERSTOOD AND PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT KNEW THE DIFFERENCE FROM RIGHT AND LEFT. WHILE PERFORMING THE TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AS INSTRUCTED, DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED, DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE AS INSTRUCTED AND THE DEFENDANT SWAYED MORE THAN TWO INCHES FORWARDS AND BACKWARDS WHILE PERFORMING THE TASK. RHOMBERG ALPHABET TASK: THIS TASK WAS EXPLAINED AND DEMONSTRATED AND THE DEFENDANT STATED HE UNDERSTOOD THIS TASK. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT DID READ AND WRITE THE ENGLISH LANGUAGE AND HE KNEW THE ALPHABET FROM A TO Z. WHILE PERFORMING THE TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AS INSTRUCTED, HE DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED, AND HE SWAYED MORE THAN TWO INCHES FORWARDS AND BACKWARDS. AT THIS TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED), AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HIS FRIEND (PASSENGER) PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT BY CORRECTIONS CORPORATION OF AMERICAN (CCA) PERSONNEL REQUESTING HIM TO SUBMIT TO AN APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD, AND HE WAS ALSO READ MIRANDA BY CCA. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS BEING .252 AND .240. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED DUI UNIFORM TRAFFIC CITATION NUMBER 8282-XBD FOR DUI, WITH A MANDATORY COURT APPEARANCE ON 032008, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING FOR TRAVELING 33 MILES AN HOUR IN A 20 MILE AN HOUR ZONE. *NOT-EXEMPT* |
