| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR08101179) 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)(A). ON 011008, I DID OBSERVE THE SUSPECT VEHICLE DRIVING TOWARD ME ON GROVER CLEVELAND BOULEVARD AT A HIGH RATE OF SPEED. I CLOCKED THE INDIVIDUAL DOING 71 MILES PER HOUR (MPH) AND SLOW DOWN TO 63 MPH IN A 50 MPH ZONE AND THEN PASS ME AND PICK UP SPEED AGAIN UP TO 75 MPH PRIOR TO ME TURNING AROUND ON HIM. AFTER MAKING CONTACT WITH THE DRIVER, I ASKED FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION FROM THE PASSENGER SIDE. FROM THIS LOCATION, I COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE CAB OF THE TRUCK. THE DRIVER APPEARED TO BE HAVING LABORED BREATHING LIKE HE HAD EATEN OR HAD BEEN DRINKING TOO MUCH. I INQUIRED ABOUT THIS BY ASKING THE DRIVER HAD HE BEEN DRINKING. THE DRIVER STATED THAT HE HAD BEEN DRINKING AND WAS PROBABLY INTOXICATED. I OBTAINED THE DRIVER'S INFORMATION, WENT BACK TO MY PATROL VEHICLE, RAN THE DRIVER'S INFORMATION, AND AGAIN MADE CONTACT WITH THE DRIVER. I ASKED HIM IF HE WOULD STEP OUT AND SPEAK TO ME. HE COMPLIED AND I ESCORTED HIM TO THE BACK OF HIS VEHICLE. AT THIS LOCATION, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE BREATH OF THE DRIVER. HE STATED HE HAD BEEN DRINKING "BUTTERY NIPPLES". HE STATED HE HAD TWO OF THEM IN THE PAST HOUR. I ASKED THE DRIVER IF HE WOULD PARTICIPATE IN SOME SOBRIETY TASKS. HE STATED HE WOULD BUT I PROBABLY SHOULD JUST ARREST HIM BECAUSE HE WAS DRUNK. I EXPLAINED TO THE DRIVER THAT I DO NOT ARREST PEOPLE JUST BECAUSE THEY HAD BEEN DRINKING THAT IF I THOUGHT HE WAS TOO INTOXICATED I WOULD ACCOMMODATE HIM. 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK SATISFACTORILY BECAUSE HE STARTED TWICE WHILE THE INSTRUCTIONS WERE BEING GIVEN. HE COMPLETED THE ENTIRE TASK PRIOR TO THE INSTRUCTIONS BEING GIVEN. WHILE DOING THIS TASK, HE WAS UNABLE TO WALK HEEL TO TOE . HE STEPPED OFF THE LINE MORE THAN THREE TIMES GOING OUT AND COMPLETELY WALKED OFF THE LINE COMING BACK. HE WAS ABLE TO COUNT OUT THE NINE STEPS. HE WAS UNABLE TO TURN AROUND AS DIRECTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK. HE PLACED HIS FOOT DOWN REPEATEDLY UPON THE COUNT OF TWO AND THREE, I REPEATEDLY HAD TO ASK HIM TO CONTINUE TO GET PAST THE COUNT OF THREE. HE TRIED AT FIRST WITH HIS LEFT FOOT AND THEN THINKING HE WOULD HAVE BETTER LUCK HE TRIED IT WITH HIS RIGHT FOOT. ON THIS THIRD ATTEMPT, HE WENT BACK TO HIS LEFT FOOT. ON THE THIRD ATTEMPT, HE COUNTED QUICKLY IN ORDER TO GET MORE NUMBERS WHILE HIS LEG WAS IN THE AIR AND GOT TO THE COUNT OF TEN BEFORE PUTTING HIS FOOT DOWN AGAIN. AGAIN THE DEFENDANT ASKED ME TO GO AHEAD AND ARREST HIM BECAUSE HE WAS "SHIT FACED". I TOLD THE DRIVER TO TURN AROUND, PLACE HIS HANDS BEHIND HIS BACK. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED, PLACED IN THE REAR OF MY PATROL VEHICLE WHERE I SECURED HIM. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND TOWED BY ADAM'S TOWING PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS/HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE DETENTION FACILITY. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .204. THE DEFENDANT THEN REFUSED THE SECOND TEST AND REFUSED ANY FIELD SOBRIETY TASKS. THE DEFENDANT STARTED YELLING AND FLIPPING THE CAMERA OFF. IT WAS EXPLAINED TWICE TO THE DEFENDANT HIS IMPLIED CONSENT BY THE DETENTION FACILITY STAFF AND THE DEFENDANT STATED "YOU CAN READ IT TO ME AS MANY TIMES AS YOU WANT AND I'M GOING TO TELL YOU THAT I DON'T UNDERSTAND IT". AT THIS TIME, THE DETENTION FACILITY STAFF REMOVED THE DEFENDANT AND PLACED HIM IN A HOLDING CELL. AT THIS POINT, IT WILL BE CONSIDERED THAT THE DEFENDANT REFUSED AS REQUIRED BY LAW. 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 8246XBD, WITH A MANDATORY COURT APPEARANCE OF 012408 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0171RHV , FOR SPEEDING 71 MPH IN A 50 MPH ZONE WITH A $213.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
