| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR2578) THE DEFENDANT, MR LEVI JUDSON COOPER, 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 090112 AT APPROXIMATELY 2312 HOURS, WHILE RUNNING TRAFFIC IN THE INVERNESS AREA, ON US HIGHWAY 41, I OBSERVED A VEHICLE DRIVING IN THE OUTSIDE LANE OF US HIGHWAY 41, AT THE INTERSECTION OF SOUTH LINE AVENUE. THE VEHICLE CROSSED OVER THE OUTSIDE LINE, AND THEN CAME BACK INTO THE LANE, CONTINUING SOUTH ONTO US HIGHWAY 41, WHERE IT SWUNG WIDE TOWARDS THE CENTER LINE TO MAKE A RIGHT TURN ONTO SOUTH OSCEOLA AVENUE. THE VEHICLE THEN BEGAN TO DRIVE ON THE WRONG SIDE OF THE ROAD, HEADING SOUTHBOUND IN THE NORTHBOUND LANE OF SOUTH OSCEOLA AVENUE. THIS DEPUTY THEN, DUE TO OBVIOUS CONCERNS FOR THE SAFETY OF THE PUBLIC, PERFORMED A TRAFFIC STOP ON SAID VEHICLE, BEARING FLORIDA TAG NUMBER 041TZP, WHICH WAS A 1995, BLUE IN COLOR, FORD EXPLORER. THE VEHICLE PULLED OVER AT THE INTERSECTION OF OSCEOLA AND GRACE STREET, AND I MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT. I OBSERVED THE DEFENDANT TO HAVE A VERY SLOW REACTION TIME, AND VISIBLE NYSTAGMUS IN HIS EYES, AS WELL AS VERY SLOW SPEECH. THE DEFENDANT ALSO HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM HIS PERSON. I EXPLAINED TO THE DEFENDANT WHY HE WAS BEING STOPPED, AND HE ADVISED THAT HE KNEW THAT HE HAD BEEN DRIVING ON THE WRONG SIDE OF THE ROAD. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT, AND HE STATED THAT HE HAD NOT. I ASKED THE DEFENDANT IF HE WAS TAKING ANY TYPES OF CONTROLLED SUBSTANCES, AND HE ADVISED THAT HE WAS NOT. A SHORT TIME LATER, DEPUTY MOORE (0619) ARRIVED ON SCENE, AS WELL AS DEPUTY BEETOW (0295). I THEN MADE CONTACT ONCE MORE WITH THE DEFENDANT, AND ASKED HIM TO EXIT HIS VEHICLE. I COULD AGAIN SMELL AN STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMANATING FROM HIS BREATH, ALTHOUGH THE DEFENDANT CONTINUED TO DENY HAVING DRANK THIS EVENING. 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. I THEN HAD THE DEFENDANT WALK A SHORT DISTANCE AWAY TO A LEVEL PARKING LOT. 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 STOPPED WALKING TO STEADY HIMSELF, STEPPED OFF OF THE LINE, LOST HIS BALANCE WHILE TURNING, AND LOST BALANCE WHILE STEPPING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REFUSED TO COMPLETE THIS TASK ADVISING THAT HE HAD PROBLEMS WITH HIS KNEES, WHICH HE HAD NOT MENTIONED WHEN FIRST ASKED IF HE HAD ANY DISABILITIES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE STANDING, AND MISSED THE TIP OF HIS NOSE WITH HIS FINGER SEVERAL TIMES. TASK FIVE, ROMBERG TASK. I ASKED THE DEFENDANT WHAT THE LAST GRADE WAS THAT HE HAD COMPLETED IN SCHOOL, TO WHICH HE ADVISED THAT HE HAD HIS G.E.D., AND DID KNOW THE ALPHABET. THE DEFENDANT WAS ABLE TO RECITE THE ALPHABET IN A SATISFACTORY MANNER. A SHORT TIME LATER, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. WHEN I EXPLAINED TO THE DEFENDANT THAT I WOULD BE PROVIDING HIM WITH FURTHER INFORMATION REGARDING HIS RIGHTS AND IMPLIED CONSENT. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED, BEHIND THEIR BACK, AND WALKED TO MY PATROL VEHICLE, WHERE HE INITIALLY REFUSED TO GET INTO THE VEHICLE UNLESS HIS ATTORNEY WAS PRESENT. I THEN ADVISED THE DEFENDANT THAT HE NEEDED TO GET INTO THE VEHICLE OR ELSE HE RISKED BEING CHARGED WITH RESISTING A LAW ENFORCEMENT, AND THE DEFENDANT THEN EVENTUALLY GOT INTO THE REAR OF MY PATROL VEHICLE. WHILE I WAS PLACING THE DEFENDANT UNDER ARREST, HE ADVISED THAT HE WANTED AN ATTORNEY. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT AGAIN STATED THAT HE WANTED TO SPEAK WITH AN ATTORNEY. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH OR URINE 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 ALSO ASKED TO PROVIDE A SAMPLE OF HIS URINE, TO WHICH THE DEFENDANT ADVISED HE WOULD NOT PROVIDE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. AFTER THIS DEPUTY LEFT THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY EDâS TOWING. 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 7170XGAX WITH A MANDATORY COURT APPEARANCE ON 092012 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, NUMBER 99035685, FOR FAILURE TO MAINTAIN A SINGLE LANE. |
