| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR16-18610) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: CITRUS COUNTY SHERIFF'S OFFICE PATROL VEHICLE 6244, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 031116, AT APPROXIMATELY 2134 HOURS, I WAS RUNNING TRAFFIC ON HIGHWAY 41 JUST SOUTH OF MIDDLE SCHOOL DRIVE, IN INVERNESS, WHEN I OBSERVED A GRAY VAN PULLING A TRAILER NORTHBOUND ON HIGHWAY 41 JUST SOUTH OF THE ROLLER BARN IN THE NORTHBOUND LANE. I ESTIMATED THE VEHICLE'S SPEED TO BE 53 MILES PER HOUR IN A 35 MILE PER HOUR ZONE. I THEN ACTIVATED MY IN-CAR RADAR WHICH SHOWED THE VEHICLE'S SPEED AT 54 MILES PER HOUR AND CLIMBING. AT THAT TIME, I TURNED ON MY OVERHEAD LIGHTS AND ATTEMPTED TO PERFORM A TRAFFIC STOP ON SAID VEHICLE. THE GRAY VAN CONTINUED ON HIGHWAY 41 NORTH, CROSSED OVER INTO THE SOUTHBOUND LANE OF HIGHWAY 41 AT THE CROSS STREET OF PARKSIDE AVENUE, AND NEARLY HIT A VEHICLE HEAD ON THAT WAS TRAVELING SOUTHBOUND ON HIGHWAY 41. THE GRAY VAN, BEARING FLORIDA LICENSE PLATE J841FX, THEN RETURNED TO THE NORTHBOUND LANE, CONTINUED NORTHBOUND ON HIGHWAY 41, AND THEN RAN OFF THE EAST SIDE OF HIGHWAY 41 INTO THE OVERPASS GUARD RAIL AREA. A BOARD ON THE TRAILER THAT THE GRAY VAN WAS PULLING THEN STRUCK THE RAILING CAUSING ITEMS ON THE TRAILER TO FALL OUT AND BE THROWN FROM THE TRAILER. SEVERAL LARGE ITEMS FELL OFF THE BACK OF THE TRAILER, TO INCLUDE A LARGE GENERATOR WHICH BOUNCED DOWN THE HIGHWAY AT THAT LOCATION. THE GRAY VAN THEN CAME BACK ONTO HIGHWAY 41, WHERE IT PROCEEDED NORTHBOUND NEAR THE CROSS STREET OF ANDREWS STREET. THE GRAY VAN THEN WENT BACK INTO THE SOUTHBOUND LANE AND NEARLY STRUCK ANOTHER VEHICLE HEAD ON. THE GRAY VAN CONTINUED NORTHBOUND ON HIGHWAY 41, WHERE IT AGAIN RAN OFF THE EAST SIDE OF HIGHWAY 41 INTO THE SHOULDER AREA JUST SOUTH OF MIMOSA LANE AND BEGAN LOSING FURTHER ITEMS FROM THE TRAILER THAT THE GRAY VAN WAS TOWING. THE GRAY VAN CAME BACK INTO THE NORTHBOUND LANE WHERE THE TRAILER TOP CAME OFF OF THE TRAILER AND ONTO HIGHWAY 41, ALONG WITH NUMEROUS ITEMS THAT SPILLED ONTO HIGHWAY 41. ONE OF THE ITEMS THAT FELL FROM THE TRAILER STRUCK THIS DEPUTY'S PATROL VEHICLE CAUSING MINOR DAMAGE TO THE RIGHT FRONT PASSENGER DOOR. THE GRAY VAN CONTINUED NORTHBOUND ON HIGHWAY 41 DRIVING ALL OVER THE ROADWAY, EVENTUALLY PULLING INTO THE CENTER TURN LANE OF HIGHWAY 41 JUST SOUTH OF SPORTSMAN POINT. THE GRAY VAN GRADUALLY AND VERY SLOWLY PULLED INTO THE PARKING LOT OF SPORTSMAN BOWLING, WHERE IT STOPPED. I THEN UNHOLSTERED MY SERVICE WEAPON AND APPROACHED THE DRIVER'S SIDE OF THE GRAY VAN, KEEPING MY SERVICE WEAPON AT THE LOW READY POSITION. AT THAT POINT, I MADE CONTACT WITH THE DRIVER/DEFENDANT, LATER IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR LOYD STEPHENSON. THE DEFENDANT APPEARED TO BE STARING OUT HIS FRONT WINDSHIELD OBLIVIOUS AS TO WHAT WAS GOING ON. HE HAD GLASSY BLOOD SHOT EYES WITH AN EXTREMELY SLOW REACTION TIME. I HAD THE DEFENDANT EXIT HIS VEHICLE. HE HAD DIFFICULTY STANDING AND BALANCING AND WAS VERY UNSTEADY ON HIS FEET. THE DEFENDANT HAD A HEAVY ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. EMERGENCY MEDICAL SERVICES RESPONDED TO OUR LOCATION TO ASSESS THE DEFENDANT TO ENSURE IT WAS NOT A POSSIBLE DIABETIC ISSUE. THE DEFENDANT COULD NOT ANSWER SIMPLE QUESTIONS AS TO WHERE HE WAS OR IF HE REALIZED WHAT HAD JUST OCCURRED. EMERGENCY MEDICAL SERVICES CHECKED THE DEFENDANT OUT AND CLEARED HIM AND ADVISED IT WAS NOT A DIABETIC ISSUE, BUT IT WAS ALCOHOL RELATED. I THEN ADVISED THE DEFENDANT THAT I WAS SWITCHING HATS FROM A TRAFFIC CRASH INVESTIGATION TO A CRIMINAL TRAFFIC CRASH INVESTIGATION. I ADVISED THE DEFENDANT OF HIS MIRANDA WARNINGS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. 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. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS AND COULD NOT COMPLETE THE TASK. THE DEFENDANT COULD BARELY STAND UP AND HAD NO BALANCE WHATSOEVER; THEREFORE, THERE WAS CONCERN OF HIM FALLING AND INJURING HIMSELF. THE NEXT TASK PERFORMED WAS THE ROMBERG ALPHABET. THE DEFENDANT ADVISED THAT HE COMPLETED THE 10TH GRADE AND HE KNOWS THE ALPHABET. THE DEFENDANT AGAIN COULD NOT FOLLOW INSTRUCTIONS AND DID NOT KEEP HIS EYES CLOSED. HE STATED ''A,B,C,K,E,Y,S,O,Câ¦SO AM I, MY GOD I LIVE THIS WAY.'' THE DEFENDANT THEN STOPPED. HE HAD TO STAND AGAINST HIS VAN BECAUSE HE COULD NOT STAND DUE TO HIS OBVIOUS HIGH LEVEL OF INTOXICATION. A SHORT TIME LATER, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE. WHEN THE DEFENDANT WAS ADVISED THAT HE WAS BEING ARRESTED, HE BECAME VERBALLY BELLIGERENT, TENSED UP HIS UPPER BODY IN AN ATTEMPT TO PREVENT US FROM PLACING HIM HE HANDCUFFS, AND BEGAN YELLING AT THE TOP OF HIS LUNGS. THE DEFENDANT WAS THEN ASSISTED TO DEPUTY CREEL'S PATROL VEHICLE, WHERE HE WAS PLACED IN THE REAR SEAT AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS ADVISED OF HIS IMPLIED CONSENT REQUESTING THAT HE PROVIDE A BREATH SAMPLE, TO WHICH HE REFUSED. THE DEFENDANT WAS THEN ISSUED FLORIDA DRIVING UNDER THE INFLUENCE REFUSAL CITATION, CITATION NUMBER A44KRJE, WITH AN OUT OF CUSTODY COURT DATE OF 033116 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S VEHICLE AND TRAILER WERE PICKED UP ON SCENE BY HIS WIFE. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
