| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR15-14085) 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 030315, AT APPROXIMATELY 0246 HOURS, I WAS DISPATCHED AS BACKUP TO DEPUTY VIGGIANO, WHO WAS ON A TRAFFIC STOP. UPON MY ARRIVAL, DEPUTY VIGGIANO ADVISED ME THAT HE BELIEVED THAT THE DRIVER OF THE VEHICLE WAS UNDER THE INFLUENCE OF ALCOHOL. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS MR MARTIN OLLIE GUNTER (DEFENDANT), AND ASKED IF HE WOULD STEP OUT OF THE VEHICLE TO PERFORM A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS LEVEL OF IMPAIRMENT, TO WHICH HE AGREED. UPON MR GUNTER EXITING THE VEHICLE, I OBSERVED HIM TO BE UNSTEADY ON HIS FEET, HIS EYES WERE GLASSY AND BLOOD SHOT, AND THERE WAS A STRONG ODOR OF ALCOHOL EMITTING FROM HIS BREATH. WHEN ASKED IF HE HAD CONSUMED ANY ALCOHOL DURING THE EVENING, HE STATED, ââA FEW BEERS.ââ WHEN ASKED IF HE KNEW WHAT TIME IT WAS, HE ADVISED THAT IT WAS 0030 HOURS. 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, THE DEFENDANT CONTINUED FOLLOWING THE PEN WITH HIS HEAD. HE WAS GIVEN DIRECTIONS SEVERAL TIMES, BUT I WAS UNABLE TO COMPLETE THIS TASK DUE TO THE DEFENDANT CONTINUING TO MOVE HIS HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF OF THE LINE FOUR TIMES IN ONE DIRECTION AND NINE TIMES IN THE OPPOSITE DIRECTION. THE DEFENDANTâS LAST NINE STEPS WERE NOT CONDUCTED HEEL TO TOE AND WERE TAKEN AT A NORMAL STEP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SAT HIS FOOT DOWN AT SIX, THEN PICKED HIS FOOT UP AND CONTINUED COUNTING FROM FOUR. THE DEFENDANT THEN SAT HIS FOOT DOWN AND STATED, ââI DRANK A FEW BEERS TONIGHT.ââ I THEN ASKED THE DEFENDANT IF HE WAS FINISHED WITH THAT TASK, TO WHICH HE STATED THAT HE WAS. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO HAVE THE DIRECTIONS EXPLAINED TO HIM MULTIPLE TIMES. THE DEFENDANT TOUCHED THE LEFT CENTER OF HIS NOSE, HIS UPPER LIP TWICE, AND THE LEFT CENTER OF HIS NOSE. THE DEFENDANT SWAYED HEAVILY DURING THESE TASKS AND HAD DIFFICULTY MAINTAINING HIS BALANCE. 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 HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .189 AND .191. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4781-XDX 7, WITH A MANDATORY COURT APPEARANCE OF 031915 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE, PER HIS REQUEST. |
