| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR11123259) 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 102311 AT APPROXIMATELY 0154 HOURS I WAS DISPATCHED TO 3485 EAST LAKE NINA DRIVE IN INVERNESS IN REFERENCE TO A TRESPASSING IN PROGRESS. WHILE EN ROUTE DISPATCH ADVISED THAT THE COMPLAINANT HAD STATED THAT AN UNKNOWN VEHICLE HAD DRIVEN THROUGH HER YARD, AND WAS PARKED BEHIND HER HOME. UPON ARRIVAL, I OBSERVED THE VEHICLE PARKED IN THE BACK YARD WITH A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR KIRK HILL, SEATED IN THE DRIVER'S SEAT. THE DEFENDANT WAS SEAT BELTED IN WITH THE KEY IN THE IGNITION AND WAS SLUMPED OVER ON HIS RIGHT SIDE AND NONRESPONSIVE. I DETECTED A STRONG SMELL OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. AFTER SEVERAL MINUTES I WAS ABLE TO WAKE THE DEFENDANT UP AND ASKED HIM WHY HE WAS THERE. THE DEFENDANT'S EYES WERE GLASSY AND BLOODSHOT AND HIS SPEECH WAS SLURRED AND HE ADVISED THAT HE DID NOT KNOW WERE HE WAS AT. I ASKED HIM IF HE WOULD BE WILLING TO EXIT THE VEHICLE AND PERFORM SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED THAT HE WOULD AND EXITED THE VEHICLE. THE DEFENDANT WAS UNSTEADY ON HIS FEET AND STUMBLED AS WE WALKED BACK TO MY PATROL VEHICLE FOR THE FIELD SOBRIETY TASKS. 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 BACK INJURY AND WORE CONTACTS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO MAINTAIN HIS BALANCE DURING INSTRUCTIONS, HE STARTED TOO SOON WHILE I WAS EXPLAINING THE TASK TO HIM, HE MISSED THE HEEL TO TOE STEP ON STEPS 1,2,4,5,6,8 ON THE FIRST SERIES OF STEPS, FAILED TO CONDUCT THE TURN AS INSTRUCTED AND MISSED HIS HEEL TO TOE STEP ON STEPS 1,2,3,4,5,7,8,9 ON THE SECOND SERIES. HE ADDITIONALLY USED HIS ARMS FOR BALANCE THROUGHOUT THE EXERCISE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS FOOT DOWN ON THE COUNT OF 3, BROUGHT HIS FOOT BACK UP AND STARTED THE COUNT AT 1 CONTRARY TO HOW HE HAD BEEN DIRECTED. HE THEN PUT HIS FOOT DOWN AGAIN AND ADVISED THAT HE COULD NOT PERFORM THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. TO WHICH HE ADVISED THAT HE UNDERSTOOD AND WOULD SPEAK WITH ME. 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT STATED I'M INTOXICATED, WHAT SHOULD I DO? THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING. 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 .259 AND .260. 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 7212XGA4 WITH A MANDATORY COURT APPEARANCE ON 111011 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
