| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR10117067) 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) ON 092510 AT 2301 HOURS, I WAS DISPATCHED TO A POSSIBLY IMPAIRED DRIVER ON COUNTY ROAD 491 SOUTH, NEAR WEST CARDINAL STREET, IN LECANTO. WHILE RESPONDING, DISPATCH ADVISED THE VEHICLE WAS WESTBOUND ON WEST CARDINAL STREET. AT 2309 HOURS, I LOCATED THE POSSIBLy IMPAIRED VEHICLE/DRIVER TRAVELING WESTBOUND ON WEST CARDINAL STREET AT SOUTH PLEASANT AVENUE. THE WEATHER WAS CLEAR WITH LITTLE TO NO WIND. THE ROAD WAs dry and free of obvious defects. i activated the in-car camera in my patrol vehicle to capture the driving actions of the vehicle. i observed the vehicle's right tire cross the white line and go off of the roadway. the vehicle then swerved back to the left and crossed over the double yellow line with its left side tires. the vehicle then swerved on to the white line with the right side tires. the vehicle served left on to the double yellow line at on-coming traffic. i activated the emergency lights and siren on my patrol vehicle. the driver continued westbound on west cardinal street, swerving back and forth, touching the double yellow and white lines. the vehicle passed three side streets where it would have been safe to pull off. i changed the siren tone and the vehicle finally pulled off the side of west cardinal street by south threshhold point. i approached the driver/defendant, mr marion duana new, on the driver side of the vehicle and explained to him the reason for the traffic stop. i requested he provide me with his driver's license, the vehicle registration and proof of insurance. mr new fumbled with paperwork from the glove box and was not able to locate the vehicle registration or proof of insurance. at that time, i detected the odor of an alcoholic beverage on or about mr new's person. his eyes were watery, glassy and bloodshot and his speech was slurred, thick-tongued and mush-mouthed and barely understandable. i again requested that mr new provide me with his driver's license. mr new exited the vehicle with both feet and staggered. he was unsteady and leaned against his vehicle for support, while he fumbled with his wallet, trying to retrieve his driver's license. mr new finally provided me with his florida driver's license. i returned to my patrol vehicle to conduct a computer check of mr new's vehicle and his driver's license. the computer check revealed no wants and warrants. it also revealed that mr new's driver's license had been suspended with notice given on 082310. i re-approached mr new and began the dui pre-screening process. 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 HE DID NOT and that he was not currently taking any medications. 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 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 stepped off the line on step four, did not touch heel to toe on any steps, took thirteen steps on the forward direction and ten steps on the return direction. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT stated he had a rod in his right leg. the defendant stood on his right leg and put his foot down more than three times, stopping before the task was over. TASK FOUR, finger to nose. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, with his left, hand touched the bridge of his nose; with the right hand, he touched the top of the tip of his nose; with the left hand, he touched the tip of his nose; with the right hand, he touched the tip of his nose; with the right hand, he touched the top of the tip of his nose; and with his left hand, he touched to the tip of his nose. he failed to keep his head tilted back for the duration of this task. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT handcuffed (double locked) behind his back and secured in the rear seat of my patrol vehicle for transport to the citrus county detention facility. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS towed by adam's towing. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS by intoxilyzer operator sibilia. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $2,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8685-xbi8, WITH A MANDATORY COURT APPEARANCE date to be set by the judge. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1962rpa4, FOR failure to maintain a single lane; citation number 1963-rpa5, for dwls, knowingly; and citation number 1964-rpa6, for refusal to submit to the approved test of his blood, breath or urine. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPt* |
