| Probable cause affidavit: |
SUBMITTED BY: TABB, LYNN 0418 (AR08106445) 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 112708 AT APPROXIMATELY 0115 HOURS, I WAS ON PATROL IN THE CITY OF CRYSTAL RIVER. I WAS NORTH BOUND ON HIGHWAY 19 IN THE AREA OF KINGS BAY DRIVE. I OBSERVED A 1995 CHRYSLER BEARING FLORIDA TAG 172VUY NORTH BOUND ON HIGHWAY 19 DRIVING IN THE MIDDLE LANE. I OBSERVED THE VEHICLE WEAVING IN HIS LANE. I OBSERVED THAT THE VEHICLE HAD A LEFT TAIL LIGHT LENS BROKEN OUT. I OBSERVED THE VEHICLE CROSS INTO THE LEFT HAND DRIVING LANE OF HIGHWAY 19, THEN COME BACK INTO HIS DRIVING LANE. I OBSERVED THE VEHICLE CROSS INTO THE RIGHT HAND DRIVING LANE ALMOST SIDE SWIPING A VEHICLE THAT WAS DRIVING IN THAT LANE. I OBSERVED THE VEHICLE DRIVE INTO THE RIGHT HAND LANE ANOTHER FOUR TIMES. I CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT FORT ISLAND TRAIL AND HIGHWAY 19. I MADE CONTACT WITH THE DEFENDANT WHO WAS THE DRIVER OF THE VEHICLE. I OBSERVED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AND PERSON. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND REGISTRATION. THE DEFENDANT COULD NOT LOCATE THE REGISTRATION IN THE VEHICLE AND APPEARED TO BE VERY DISORIENTED. I HAD TO REMIND HIM SEVERAL TIMES OF WHAT HE WAS LOOKING FOR. THE DEFENDANT STATED THAT HE HAD JUST LEFT THE OAR HOUSE BAR IN CRYSTAL RIVER. THE DEFENDANT STATED THAT HE HAD SEVERAL DRINKS. HE STATED HE HAD BEEN DRINKING JACK DANIELS AND PROBABLY HE HAD WAY TOO MUCH TO BE DRIVING. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. I OBSERVED THE DEFENDANT TO BE VERY UNSTEADY ON HIS FEET. I OBSERVED HIM USE THE DRIVER'S DOOR TO MAINTAIN HIS BALANCE. AS HE WENT TO TURN AROUND, HE FELL AGAINST THE VEHICLE. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS AND HE STATED HE WOULD. 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS TOLD TO TOUCH THE RIGHT INDEX FINGER TO THE TIP OF HIS NOSE, AT WHICH TIME, HE WRAPPED HIS FINGER ACROSS THE UPPER BRIDGE OF HIS NOSE. HE WAS THEN ASKED TO PERFORM THE TASK WITH HIS LEFT FINGER, AT WHICH TIME, HE TOUCHED THE MIDDLE BRIDGE OF HIS NOSE. THEN HE WAS ASKED TO TOUCH HIS RIGHT INDEX FINGER TO THE TIP OF HIS NOSE, AT WHICH TIME, HE TOUCHED THE MIDDLE PART OF HIS NOSE. THE DEFENDANT WAS ASKED TO TOUCH THE TIP OF HIS NOSE WITH THE RIGHT AND LEFT HAND THREE TIMES, AT WHICH TIME, HE NEVER TOUCHED THE TIP OF HIS NOSE. THE DEFENDANT KEPT LOOSING HIS BALANCE, OPENING HIS EYES, AND FAILED TO FOLLOW INSTRUCTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS BALANCE, ATTEMPTED TO RAISE HIS FOOT FOUR TIMES, BUT COULD NOT KEEP IT UP. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS BALANCE, USED HIS ARMS FOR BALANCE, FAILED TO FOLLOW INSTRUCTIONS, AND ONLY TOUCHED HEEL TO TOE TWICE. 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 WOULD OR WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PARKED AND SECURED AND THE DEFENDANT SIGNED A DRIVER RELEASE FORM. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS ASKED TO GET OUT OF THE BACK OF THE PATROL VEHICLE. THE DEFENDANT HAD BEEN IRATE ON THE WHOLE TRIP TO THE DETENTION FACILITY THRASHING AROUND AND YELLING. THE DEFENDANT WAS ASKED TO GET OUT OF THE VEHICLE, AT WHICH TIME, HE BECAME VERY IRATE, BEGAN YELLING AND SCREAMING, AND THEN SLAMMED HIS HEAD TO THE REAR CAGE OF MY PATROL VEHICLE STRIKING THE SAFETY BAR ACROSS THE WINDOW WHICH CAUSED A SMALL LACERATION TO HIS FOREHEAD. THE DEFENDANT WAS BLEEDING IN MY VEHICLE, AT WHICH TIME, WE WERE ABLE TO GET HIM OUT OF THE VEHICLE. THE NURSE AT THE DETENTION FACILITY WAS ABLE TO BANDAGE HIS HEAD BUT THE FACILITY WOULD NOT TAKE HIM UNTIL HE WAS MEDICALLY CLEARED. I THEN PLACED HIM IN REAR OF MY PATROL VEHICLE AND DROVE HIM TO SEVEN RIVER'S HOSPITAL. MEDICAL TREATMENT WAS GIVEN TO THE DEFENDANT AT THE EMERGENCY ROOM. HE WAS THEN MEDICALLY CLEARED. I THEN TRANSPORTED HIM BACK TO THE DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .161 AND .158. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7134-XDO, WITH A MANDATORY COURT APPEARANCE DATE OF 121808 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TWO WARNING CITATIONS: ONE FOR FAILURE TO MAINTAIN A SINGLE LANE, NUMBER 221427-B, AND ONE FOR FAULTY EQUIPMENT IE, THE LEFT TAIL LIGHT LENS BROKEN OUT, NUMBER 221428-B. *NOT-EXEMPT* |
