| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR10115552) 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. DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A RUBBER AND ALUMINUM MARIJUANA SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 062610 AT APPROXIMATELY 2130 HOURS, I RESPONDED TO WEST IRIS STREET NEAR SOUTH APOPKA AVENUE IN REFERENCE TO ASSISTING DEPUTY LAUGHLIN. UPON ARRIVAL I WAS ADVISED BY DEPUTY LAUGHLIN THAT HE HAD OBSERVED A BLUE AND WHITE CHEVY PICK UP TRUCK MAKE A WIDE RIGHT TURN FROM A SIDE STREET ONTO WEST IRIS STREET. DEPUTY LAUGHLIN CONTINUED BY TELLING ME THAT AS HE OBSERVED THE VEHICLE HE WATCHED AS IT DROVE ON THE LEFT SIDE OF THE ROADWAY, WHILE TRAVELING EAST ON IRIS STREET. DEPUTY LAUGHLIN ADVISED ME HE THEN STOPPED THE VEHICLE AND MADE CONTACT WITH THE DRIVER AND SOLE OCCUPANT, KNOWN NOW AS THE DEFENDANT. DEPUTY LAUGHLIN TOLD ME THAT WHILE SPEAKING WITH THE DEFENDANT, HE DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE AND NOTICED THAT HIS EYES WERE GLASSY AND RED. DEPUTY LAUGHLIN TOLD ME THAT WHILE THE DEFENDANT ATTEMPTED TO RETRIEVE HIS DOCUMENTATION HE FUMBLED FOR HIS DRIVER'S LICENSE AND REGISTRATION. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL SITTING IN THE DRIVER SEAT OF THE VEHICLE AND REQUESTED THAT HE EXIT AND I ASKED IF HE WOULD SUBMIT TO SOBRIETY TASKS. THE DEFENDANT ADVISED THAT HE WOULD. WHILE I SPOKE WITH HIM, I TOO WAS ABLE TO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE AND NOTICE THE DEFENDANT SWAYING FROM SIDE TO SIDE AND HIS EYES APPEARED TO BE GLASSY AND RED. 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 HAVE A STEEL PLATE IN HIS RIGHT LEG, BUT THAT HE WAS A LABORER AND IT SHOULD NOT AFFECT HIM. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO PICK UP HIS RIGHT LEG AND WHILE DOING SO, USED HIS ARMS FOR BALANCE AND AT 6/1000 PLACED HIS FOOT ON THE GROUND, THEN PAUSED AND ATTEMPTED THE TASK AGAIN. DURING THE SECOND ATTEMPT, WHEN THE DEFENDANT REACHED 1/1000, HE PLACED HIS FOOT DOWN IN ORDER TO KEEP HIMSELF FROM FALLING. THE DEFENDANT USED HIS ARMS FOR BALANCE AND ALSO USED A REFERENCE POINT IN THE ROADWAY AND COULD NOT COMPLETE THE TASK. TASK THREE, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD THE INSTRUCTIONAL POSITION AND WHILE ATTEMPTING THE TASK, ON STEP NUMBER THREE HE STEPPED OFF THE LINE, DID NOT WALK HEEL TO TOE, AND USED HIS ARMS FOR BALANCE. WHILE ATTEMPTING TO WALK BACK, THE DEFENDANT DID NOT STEP HEEL TO TOE AND LOST HIS BALANCE, HAVING TO CATCH HIMSELF. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FOUR, THE ALPHABET. THE DEFENDANT WAS ASKED THE LEVEL OF EDUCATION HE COMPLETED TO WHICH HE ADVISED HE GRADUATED FROM HIGH SCHOOL. WHILE ATTEMPTING THE TASK, THE DEFENDANT DID STATE HIS ALPHABET A THROUGH Z, HOWEVER DID NOT HAVE HIS EYES CLOSED THROUGHOUT THE ENTIRE TASK. DURING THE SECOND ATTEMPT THE DEFENDANT DID STATE HIS ALPHABET A THROUGH Z, THERE WAS NOTICEABLE SWAYING FROM FRONT TO BACK DURING THE ATTEMPT. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT SUCCESSFULLY PLACED THE CORRESPONDING FINGER TO HIS NOSE WHEN ASKED TO DO SO. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND WHILE PATTING THE DEFENDANT DOWN, A RED METALLIC PIPE WAS FOUND IN HIS RIGHT FRONT POCKET WITH MARIJUANA RESIDUE IN IT. 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. 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 .208 AND .197. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED VIA THE DEFENDANT'S FRIEND WHO CAME AND TOOK POSSESSION OF IT. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 2209-XBF, WITH A MANDATORY COURT APPEARANCE OF 071510 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2864-FYA, FOR POSSESSION OF AN OPEN CONTAINER OF ALCOHOL BY A DRIVER, WITH A CIVIL CITATION FINE OF $116.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY LAUGHLIN WROTE THE DEFENDANT A WRITTEN WARNING, NUMBER 293367B, FOR DRIVING ON THE WRONG SIDE OF THE ROADWAY. *NOT-EXEMPT* |
