| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR1200209) 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(1). ON 030412, AT APPROXIMATELY 2001 HOURS, I WAS ON A TRAFFIC STOP ON HIGHWAY 486 JUST EAST OF OTTAWA, PULLED OVER ON THE SOUTH OUTSIDE LANE WHEN I OBSERVED A VEHICLE COMING UP BEHIND MY VEHICLE AT A HIGH RATE OF SPEED AND APPEARED TO BE ACCELERATING. THE VEHICLE HAD NOT SWITCHED LANES AS REQUIRED BY THE FLORIDA LAW MOVE OVER ACT, AND AS THE VEHICLE CONTINUED TO GET CLOSER THIS DEPUTY WAS CONCERNED FOR MY SAFETY, AT WHICH TIME, I STEPPED IN-BETWEEN MY PATROL VEHICLE AND THE VEHICLE THAT HAD BEEN PULLED OVER . THE VEHICLE THEN JUST PRIOR TO ARRIVING AT MY LOCATION SWITCHED LANES AND CONTINUED TO ACCELERATE AT A HIGH RATE OF SPEED. I THEN COMPLETED MY TRAFFIC STOP AND PROCEEDED TO CATCH UP TO SAID VEHICLE WHERE I PACED/RADARED THE VEHICLE AT 58 MPH IN A 45 MPH ZONE. THE VEHICLE WAS ALSO EXHIBITING AN ERRATIC DRIVING PATTERN, DRIVING FROM THE OUTSIDE LINE TO THE INSIDE LINE. I THEN ATTEMPTED A TRAFFIC STOP ON SAID VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER 037TZR, WEST OF FOREST RIDGE BOULEVARD ON HIGHWAY 486, HOWEVER THE DRIVER OF THE VEHICLE CONTINUED TO DRIVE ERRATICALLY AND APPEARED TO BE POSSIBLY ATTEMPTING TO HIDE SOMETHING IN THE VEHICLE UNDER THE FRONT SEAT AREA. WE PROCEEDED TO THE TRAFFIC LIGHT AT HIGHWAY 486 AND FOREST RIDGE BOULEVARD WHERE THE VEHICLE TURNED RIGHT IN TO TERRE VISTA AND CONTINUED TO DRIVE, AND THEN TURNED LEFT IN TO THE ENTRANCE OF CVS PHARMACY LOCATED NEAR THAT INTERSECTION. THE VEHICLE THEN CONTINUED TO DRIVE IN TO THE PARKING LOT AND THEN PULLED UP TO THE FRONT OF THE MAIN ENTRANCE AND PARKED ACROSS TWO PARKING SPACES AND STOPPED. THIS DEPUTY CONCERNED WITH MY SAFETY DUE TO THE DRIVER MOVING AROUND IN THE VEHICLE AND POSSIBLY HIDING SOMETHING, APPROACHED THE DRIVER SIDE WINDOW AND MADE CONTACT WITH THE DRIVER. I ADVISED HIM TO MOVE IN A CAUTIOUS MANNER FOR HIS SAFETY AS WELL AS MINE. I WAS ABLE TO OBTAIN HIS FLORIDA DRIVER'S LICENSE IDENTIFYING HIM AS MR LUCIAN BLACKMAN EVANS JR., I IMMEDIATELY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FORM HIS BREATH, AS WELL AS GLASSY BLOOD SHOT EYES, AND A VERY CONFUSED DEMEANOR INDICATIVE OF PERSONS INTOXICATED. I ADVISED THE DRIVER WHY HE WAS BEING STOPPED AND THEN RETURNED BACK TO MY PATROL VEHICLE TO RUN THE DRIVER/DEFENDANTâS DRIVER'S LICENSE WHICH SHOWED VALID. I THEN, UPON THE ARRIVAL OF A BACK-UP UNIT DEPUTY NEWTON, ASKED THE DEFENDANT TO EXIT HIS VEHICLE. 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 âWELL UNLESS IâM CRAZY I DONâT THINK I AMâ, THE DEFENDANT THEN CONTINUED TO CARRY ON A CONVERSATION WITH THIS DEPUTY WHICH APPEARED TO BE AN APPARENT ATTEMPT TO STALL ANSWERING THE QUESTION OF IF HE HAD ANY PHYSICAL OR MENTAL DISABILITY. IT WAS DETERMINED THAT HE DID NOT HAVE ANY PHYSICAL OR MENTAL DISABILITY WHICH PREVENTED HIM FROM TAKING THE FIELD SOBRIETY TEST. DURING THE CONVERSATION, THE DEFENDANT ADMITTED TO DRINKING TWO TO THREE BEERS, PRIOR TO DRIVING BUT HAD PROBLEMS UNDERSTANDING CERTAIN QUESTIONS. I ASKED HIM IF HE HAD ANY PROBLEMS WITH HIS EYES, TO WHICH HE STATED THAT HE DOES HAVE PROBLEMS WITH HIS EYES BUT LIED ON HIS DRIVER'S LICENSE AND THAT HE SHOULD BE WEARING GLASSES. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT ADVISED THAT HE DID HAVE PROBLEMS WITH HIS EYES AND SHOULD WEAR GLASSES. 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. PRIOR TO PERFORMING THIS TASK THE DEFENDANT ASKED SEVERAL TIMES TO RE-EXPLAIN THE TASK AND THEN BEGAN TO GET ARGUMENTATIVE AND REFUSED ANY FURTHER TASKS. I THEN ATTEMPTED TO EXPLAIN TO THE DEFENDANT WHY THE SOBRIETY TASKS WERE NECESSARY, BUT HE STILL REFUSED. I THEN ADVISED HIM THAT I WOULD BASED ON MY KNOWLEDGE AND EXPERIENCE AND OBSERVATION OF HIS DRIVING PATTERN AND HIS DEMEANOR BELIEVED THAT HE WAS IN FACT UNDER THE INFLUENCE TO WHERE HIS FACULTIES WERE IMPAIRED, THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 DID NOT WANT TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, AND ADVISED HE WANTED TO REMAIN SILENT. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS INVENTORIED AND TOWED BY PRECISION TOWING. 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 AND WANTED TO REMAIN SILENT. 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 8790-XBI- 8 WITH A MANDATORY COURT APPEARANCE ON 032212 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING NUMBER 99033884 FOR DRIVING 58 MPH IN 45 MPH ZONE THE TRAFFIC STOP WAS RECORDED VIA IN VEHICLE CAMERA WHICH WILL BE TURNED OVER TO THE CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE DIVISION. THE TOW SHEET WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFFâS OFFICE RECORDS DEPARTMENT. |
