| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR15-16335) 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)(A). ON 090715, AT APPROXIMATELY 0325 HOURS, I RESPONDED TO NORTH SUNCOAST BOULEVARD AND WEST VENABLE STREET, AT THE ENTRANCE TO THE HOME DEPOT LOCATED AT 70 NORTH SUNCOAST BOULEVARD, TO MEET WITH DETECTIVE LEE CAREY IN REFERENCE TO A TRAFFIC STOP THAT HE CONDUCTED. DETECTIVE CAREY STATED THAT WHILE HE WAS AT THE INTERSECTION OF FORT ISLAND TRAIL AND SE HIGHWAY 19, HE OBSERVED A 2010 SILVER FORD FOUR DOOR VEHICLE TRAVELING SOUTHBOUND AND IT FAILED TO STOP AT THE RED TRAFFIC SIGNAL. DETECTIVE CAREY STATED AT THAT TIME THE VEHICLE PROCEEDED TO TRAVEL SOUTHBOUND AND ALMOST IMPACTED THE REAR OF ANOTHER DEPUTYâS VEHICLE. AT THAT TIME, DETECTIVE CAREY ATTEMPTED TO INITIATE A TRAFFIC STOP ON THE VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER JJ446. THE VEHICLE FINALLY PULLED OVER AT NORTH SUNCOAST BOULEVARD AND WEST VENABLE STREET AT THE ENTRANCE OF HOME DEPOT. DETECTIVE CAREY STATED THAT HE MADE CONTACT WITH THE DRIVER, WHO WAS THE ONLY OCCUPANT OF THE VEHICLE. DETECTIVE CAREY REQUESTED TO SEE HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DRIVER HANDED DETECTIVE CAREY A WARNING TICKET THAT HE HAD RECEIVED FROM FHP ON 061115. HE THEN HANDED DETECTIVE CAREY HIS WALLET AND STATED THAT HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM. THE DRIVER PROVIDED A NAME THAT MATCHED THE NAME ON THE WARNING TICKET THAT HE HAD SAVED. HE WAS THEN IDENTIFIED AS MR KYLER DOMINY, WHO WAS LATER IDENTIFIED AS THE DEFENDANT. AT THAT TIME, THE DEFENDANT WAS ADVISED WHY HE WAS STOPPED. AS WE MADE CONTACT WITH THE DEFENDANT, WE COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DEFENDANT STATED THAT HE WAS COMING FROM A FRIENDâS RESIDENCE AND HE HAD BEEN DRINKING BUD LIGHT BEER THIS EVENING. THE DEFENDANT WAS UNABLE TO ADVISE HOW MANY BEERS HE HAD CONSUMED. WHILE THE DEFENDANT WAS OUTSIDE OF THE VEHICLE HE HAD A HARD TIME STANDING AND HE WAS UNSTEADY ON HIS FEET. THE DEFENDANT ALSO HAD SLURRED SPEECH AND GLASSY, BLOODSHOT EYES. I OBSERVED 12 OUNCE CAN OF BUD LIGHT WHICH WAS OPEN AND SITTING IN HIS CONSOLE. IT WAS ALSO WARM TO THE TOUCH. 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. ALL OF THE TASKS WERE ADMINISTERED ON A REASONABLE FLAT SURFACE. 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. HE DID NOT HAVE ANY VERTICAL NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT BALANCE DURING INSTRUCTIONS, TOOK THE WRONG NUMBER OF STEPS TAKING 19 STEPS FORWARD AND 20 STEPS BACK. THE DEFENDANT STOPPED WHILE WALKING AND USED HIS ARMS FOR BALANCE. HE ALSO STEPPED OFF THE LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED HOPPING AT THE COUNT ONE, ONE THOUSAND, AND PLACED HIS FOOT DOWN AND STOPPED AT TWELVE, ONE THOUSAND. HE THEN ASKED TO START OVER. HE ALSO USED HIS ARMS FOR BALANCE. THE DEFENDANT WAS UNABLE TO COMPLETE ALL OF THE TASKS THAT WERE EXPLAINED AND DEMONSTRATED TO HIM. THE FIELD SOBRIETY TASKS WERE NOT RECORDED DUE TO NO IN CAR CAMERA. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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 BREATH. THE DEFENDANT WOULD NOT ADVISE IF HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PARKED AND SECURED AT THE B B & T BANK PARKING LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE DETENTION FACILITY STAFF. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A BOND SET AT $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 0077-XEJ, WITH A COURT DATE OF 100115 AT 1300 HOURS, THE CITRUS COUNTY COURTHOUSE. |
