| Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (AR08101134) 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(1)(A). ON 010808 AT APPROXIMATELY 1745 HOURS, I RESPONDED TO A TRAFFIC STOP INITIATED BY DEPUTY SMITH REFERENCE SEVERAL TRAFFIC VIOLATIONS. ON MY ARRIVAL I MADE CONTACT WITH THE DEFENDANT, MR MARC HOLLOWAY. FROM A DISTANCE OF APPROXIMATELY SIX FEET I DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT MR HOLLOWAY'S PERSON. HIS EYES WERE BLOODSHOT AND GLOSSY. AT THIS POINT I ADVISED MR HOLLOWAY I SUSPECTED HIM OF DUI , TO WHICH HE RESPONDED, "I'M OKAY TO DRIVE." I REQUESTED HE SUBMIT TO A SERIES OF ROADSIDE SOBRIETY TASKS, TO WHICH HE CONSENTED. 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 IS A DISABLED MILITARY VETERAN AND HAS PROBLEMS WITH IS KNEES AND ANKLES. PRIOR TO THIS I HAD OBSERVED MR HOLLOWAY WALK APPROXIMATELY 50 FEET WITH NO INDICATION OF PAIN OR DISCOMFORT AND IN A NORMAL GATE OTHER THAN A SLIGHT STAGGER. 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 DID NOT TOUCH HEEL TO TOE ON TWO OF THE FIRST NINE STEPS, MADE AN INCORRECT TURN , DID NOT TOUCH HEEL TO TOE ON TWO OF THE SECOND NINE STEPS AND STAGGERED AT THE END OF THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING THIS TASK THE DEFENDANT ADVISED HE WOULD LIKE TO MOVE TO A FLATTER SURFACE WHICH DID NOT HAVE THE CROWN OF THE ROADWAY. THIS WAS DONE AND WE MOVED TO A FLAT PAVED SURFACE. DURING THIS TASK THE DEFENDANT WAS UNABLE TO MAINTAIN HIS FOOT ELEVATED FOR 30 SECONDS AND USED HIS ARMS FOR BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, ON HIS FIRST ATTEMPT WITH HIS LEFT HAND, DID NOT REPLACE HIS HAND TO HIS SIDE WITHOUT BEING DIRECTED TO DO SO, INSTEAD LEAVING HIS FINGER TOUCHING HIS NOSE. DURING THIS TASK THE DEFENDANT CONTINUOUSLY OPENED HIS EYES SLIGHTLY, FAILED TO TOUCH THE TIP OF HIS NOSE TO TIP OF HIS FINGER ON TWO ATTEMPTS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS 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 LET ME KNOW. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .121 AND .126. 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, NUMBER 6854XDO WITH A MANDATORY COURT APPEARANCE OF 012408 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8916FIQ, FOR RUNNING A STOP SIGN FLORIDA STATUTE 316.123(2)(A), WITH A $123.50 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. AN IN-CAR VIDEO OF THE INCIDENT WAS TURN OVER TO SHERIFF'S OFFICE EVIDENCE. *NOT-EXEMPT* |
