| Probable cause affidavit: |
SUBMITTED BY: LYNN, KURT 0349 (AR08104600) ON 080708 AT APPROXIMATELY 2148 HOURS, A SINGLE VEHICLE CRASH OCCURRED ON GOBBLER DRIVE IN FRONT OF 5362 SOUTH PERCH DRIVE. THE VEHICLE CRASH OCCURRED WHEN A FORD VAN DRIVEN BY THE DEFENDANT, MR LARRY HARTY, LEFT THE ROADWAY TO THE NORTH SIDE OF THE ROAD, STRUCK A TREE, AND THEN AFTER THE IMPACT DROVE BACK ACROSS THE ROADWAY, WHERE THE VAN STRUCK THE DRIVER'S SIDE OF A PARKED PICKUP TRUCK THAT WAS LOCATED ON PRIVATE PROPERTY, IN A DRIVEWAY. AFTER THE CRASH, THE OWNER OF THE PROPERTY EXITED HIS HOME AND OBSERVED THE DRIVER/DEFENDANT SITTING BEHIND THE WHEEL OF THE FORD ECONOLINE VAN WITH THE VEHICLE IN GEAR TRYING TO LEAVE THE SCENE. THE DRIVER WAS NOT SUCCESSFUL LEAVING THE SCENE OF THE CRASH, TO WHICH HE EXITED THE VEHICLE AND TRIED TO SPEAK WITH THE OWNER OF THE PROPERTY. HE DISPLAYED POOR BALANCE, SLURRED SPEECH, AND A HEAVY ODOR OF ALCOHOL AS HE TRIED TO SPEAK TO THE PROPERTY OWNER. THE PROPERTY OWNER, WHO WAS UPSET, TOLD THE DRIVER TO WAIT FOR POLICE TO ARRIVE. THE DRIVER THEN CLIMBED BACK IN THE VAN, IN THE DRIVER'S SEAT, WITH THE KEYS IN THE IGNITION, AND AWAITED THE ARRIVAL OF LAW ENFORCEMENT. UPON THIS DEPUTY'S ARRIVAL, THE DRIVER WAS STILL SEATED BEHIND THE WHEEL OF THE VAN. HE IMMEDIATELY TOLD THIS DEPUTY THAT HE HAD BEEN DRINKING AND WAS DRUNK. HE STATED THAT THE HAD BEEN DRINKING AT THE BLUE IGUANA, AND HE TOLD THIS DEPUTY THAT HE HAD HAD BETTER DAYS. AT THAT TIME, I INFORMED THE DRIVER THAT I WAS DOING A CRASH INVESTIGATION AND A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. THE DRIVER SMELLED HEAVILY OF ALCOHOLIC BEVERAGE/BEER AND SPOKE WITH MUMBLED, SLURRED SPEECH. HIS EYES WERE BLOODSHOT AND WATERY, AND HIS COORDINATION WAS OBVIOUSLY IMPAIRED. I ASKED THE DRIVER TO STEP FROM THE VEHICLE, TO WHICH HE COMPLIED. AT THAT TIME, I BEGAN FIELD SOBRIETY TASKS. THE FIRST TASK WAS THE HORIZONTAL GAZE NYSTAGMUS. TO WHICH THE DRIVER DISPLAYED POOR BALANCE, ONSET IN BOTH EYES PRIOR TO 45 DEGREES WITH DISTINCT NYSTAGMUS AND THE LACK OF ABILITY OF SMOOTH PURSUIT IN BOTH EYES. HE ALSO KEPT STATING, "I'M DRUNK." THE SECOND TASK WAS THE ONE LEG STAND, TO WHICH THE TASK WAS DEMONSTRATED TO THE DRIVER BY THIS DEPUTY. AFTER DEMONSTRATION AND EXPLANATION OF THE INSTRUCTIONS, THE DRIVER STATED THAT HE UNDERSTOOD THE INSTRUCTIONS. THE DRIVER COULD NOT COUNT PROPERLY, DISPLAYED POOR BALANCE, TRIED TO START THE TASK BEFORE THE INSTRUCTIONS WERE FINISHED, AND SET HIS FOOT DOWN DURING THE TASK. HE DISPLAYED EXTREMELY POOR BALANCE. THE LAST TASK WAS THE FINGER TO NOSE TASK, WHICH WAS ALSO DEMONSTRATED AND EXPLAINED TO THE DRIVER PRIOR TO HIM BEING ASKED TO DO THE TASK. THE DRIVER FAILED TO KEEP HIS EYES CLOSED. HE FAILED TO RETURN HIS ARMS TO HIS SIDES, AND HE MISSED THE TIP OF HIS NOSE WITH HIS INDEX FINGER. AT THAT TIME, THE DRIVER WAS INFORMED OF HIS ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS READ MIRANDA AND IMPLIED CONSENT FROM A PRE PRINTED CARD AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BREATH TESTS. AT THE CITRUS COUNTY DETENTION FACILITY, THE DRIVER DISPLAYED POOR ABILITIES AT THE DETENTION SOBRIETY TASKS, AND UPON BEING ASKED TO GIVE A BREATH SAMPLE, THE DRIVER REFUSED. THE DRIVER WAS ISSUED CITATION 8232XBD FOR DUI PROPERTY DAMAGE, 8266RHU FOR CARELESS DRIVING, AND 8267RHU FOR FAILURE TO PROVIDE PROOF OF INSURANCE. BOND SET PER SCHEDULE. *NOT-EXEMPT* |
