| Probable cause affidavit: |
SUBMITTED BY: ANDERSON, CASEY N348 (AR12-1349) THE DEFENDANT did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired, AND HAS A BLOOD ALCOHOL LEVEL OF .08 OR MORE GRAMS OF ALCOHOL PER 210 LITERS OF BREATH, in violation of Florida Statute 327.35(1)(C) On 052712 at approximately 2045 hOUrs, I, Officer Casey Anderson and OFFICER Robert Johnston of the Florida Fish and Wildlife Conservation Commission (FWC,) were on water patrol in Citrus County. Officer Johnston and I observed a vessel with no navigation lights running toward Buzzard Island in Kings Bay. We stopped the above listed vessel (Fl2373 MK) to address the navigation light issue and perform a safety inspection. Upon the inspection, I observed the operator, MR Lawrence A Stonestreet, DRIVER’S LICENSE NUMBER S352521881030, with bloodSHOT eyes, staggering in the vessel. his behavior was lethargic. I asked Mr Stonestreet if he had any navigation lights and life jackets in the vessel. Mr Stonestreet replied with a slurred speech that he did not have any navigation lights but did have life jackets. I then asked Mr Stonestreet if he had been drinking any alcoholic beverages. He replied a few beers. I asked Mr. Stonestreet if he could come over to my vessel to conduct Field Sobriety Tasks. He consented to Field Sobriety Tasks aboard my vessel. Before each task, the instructions were given from prepared text and demonstrated. Upon giving the instructions, Mr Stonestreet advised he understood. The following indicators of impaIrment were observed during the field sobriety tasks: - Horizontal Gaze Nystagmus: Lack of smooth pursuit in left and right eye, distinct and sustained nystagmus at maximum deviation in left and right eye, onset of nystagmus prior to 45 degrees in left and right eye, and vertical nystagmus was present in the left and right eye. \t- Finger to Nose: Upon the instruction stage, Mr Stonestreet was unable to follow the instructionS. During the performance stage, he did not close his eyes and opened them during the task. He hesitated on TWO separate occasions, did not use his fingertip on TWO separate occasions, and did not bring down his hand to his waist on FOUR separate occasions (see field sobriety task report). -Palm Pat: Mr Stonestreet rolled his hands, chopped-patted contrary to instructions, and did not increase speed. -Hand Coordination: During task ONE, improper touch, task TWO, improper count, task THREE, did not perform, and task FOUR, did not perform. During the field sobriety tasks Mr Stonestreet made the following spontaneous utterance: ”You got me” during the hand coordination on task THREE. Based on my observations of his behavior, HIS slurred speech, HIS bloodshot eyes, and the multiple indicators of impairment given during the field sobriety tasks, I arrested Mr Stonestreet for boating under the influence of alcohol. He was transported by A Citrus county Sheriff’s office DEPUTY to THE Citrus county DETENTION FACILITY where he was read implied consent. He consented to the lawful test of his breath. The results of the breath test were .189 B.A.C. and .193 B.A.C. He was read the Miranda Warning from a prepared text and he advised he understood the warning and consented to answer questions. During questioning, he advised that he had been drinking since 1300 HOURS and did nOt stop until we made contact with him around 2000 HOURS. Mr Stonestreet also advised he had consumed a 12 pack of Coor’s Light BEER. He was booked into THE Citrus county DETENTION FACILITY AND HIS BOND WAS SET AT $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. No further Law Enforcement action was taken. |
