| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR08102476) 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. ON 040108, AT APPROXIMATELY 0120 HOURS, THIS DEPUTY WAS TRAVELLING WEST BOUND ON EAST GULF TO LAKE HIGHWAY. AS I WAS PASSING THE BOAT RAMP NEAR WASHINGTON AVENUE, I OBSERVED A VEHICLE TRAVELLING EAST BOUND AND ESTIMATED ITS SPEED NEAR SIXTY MILES PER HOUR. I THEN ACTIVATED MY RADAR, HEARD A CLEAR DOPPLER TONE, AND OBSERVED A READING OF SIXTY TWO MILES PER HOUR (MPH) IN A FORTY FIVE MILE PER HOUR ZONE. I THEN MADE A U-TURN AND ATTEMPTED TO CATCH THE VEHICLE. AFTER THIS DEPUTY REACHED APPROXIMATELY SIXTY FIVE MILES PER HOUR, THE VEHICLE APPEARED TO BE PULLING AWAY. ONCE MY PATROL VEHICLE WAS WITHIN TWO HUNDRED YARDS, I OBSERVED THE VEHICLE CROSS THE OUTSIDE YELLOW LINE AND INSIDE WHITE BROKEN LINE TWICE EACH TIME. AFTER I CAUGHT THE VEHICLE, I INITIATED A TRAFFIC STOP AND THE DEFENDANT CONTINUED TO TRAVEL APPROXIMATELY ONE QUARTER MILE BEFORE STOPPING ON GULF TO LAKE HIGHWAY NEAR SOUTH ELMWOOD DRIVE. AFTER APPROACHING THE VEHICLE I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. I THEN OBSERVED TWO FEMALE PASSENGERS IN THE VEHICLE WITH THE DEFENDANT. THE PASSENGER IN THE FRONT SEAT ADVISED THEY HAD JUST COME FROM GRIFF'S AND SHE WORKED THERE. THE VEHICLE BELONGED TO THE REAR SEAT PASSENGER AND SHE ADVISED THAT SHE DID NOT DRIVE BECAUSE SHE WAS "DRUNK". THE DEFENDANT PROVIDED ME WITH HIS LICENSE AND THE VEHICLE REGISTRATION. I THEN ADVISED THE DEFENDANT THAT I PULLED HIM OVER FOR GOING SIXTY TWO MILES PER HOUR IN A FORTY FIVE MPH ZONE. IT SHOULD BE NOTED; THE DEFENDANT AVOIDED EYE CONTACT WITH THIS DEPUTY. I THEN RETURNED TO MY VEHICLE AND REQUESTED THAT ANOTHER DEPUTY RESPOND TO THE SCENE. A SHORT TIME LATER, DEPUTY J. LAUGHLIN RESPONDED TO THE SCENE. I AGAIN APPROACHED THE VEHICLE AND ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. THE DEFENDANT WAS UNSTABLE ON HIS FEET, HIS EYES WERE GLASSY AND BLOOD SHOT, AND I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ADVISED THE DEFENDANT THAT I BELIEVED THAT HE WAS INTOXICATED AND ASKED IF HE WOULD AGREE TO DO A FEW FIELD SOBRIETY TASKS TO ENSURE THAT HE WAS ABLE TO CONTINUE TO DRIVE HIS VEHICLE. THE DEFENDANT ADVISED THAT HE WOULD DO THE TASKS. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK AND HE ADVISED YES ONE BEER. I ASKED THE DEFENDANT WHEN DID HE FINISH DRINKING AND HE ADVISED ABOUT THREE HOURS AGO. I THEN ASKED THE DEFENDANT WHEN HE LAST HAD SOMETHING TO EAT AND HE ADVISED APPROXIMATELY 1500 HOURS. I ALSO ASKED THE DEFENDANT IF HE WAS UNDER THE INFLUENCE OF ANY MEDICATION OR NARCOTICS TO WHICH HE STATED NO. PRIOR TO BEGINNING THE FIELD SOBRIETY TASKS, 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. THIS TASK WAS EXPLAINED TO THE DEFENDANT AT WHICH TIME HE STATED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF THE PEN TWICE BEFORE TOUCHING THE PEN NEAR THE JOINT OF HIS FINGER. THE DEFENDANT ALSO TURNED HIS HEAD SLIGHTLY ON EACH PASS. 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, ONE LEG STAND, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AT WHICH TIME THE DEFENDANT STATED THAT HE UNDERSTOOD. THE DEFENDANT ALSO STATED "IS THIS A JOKE" AS IF THE TASK WAS NOT POSSIBLE. DURING THE FIRST ATTEMPT AT THE TASK THE DEFENDANT DID NOT COUNT ALOUD AND WAS SWAYING. AT THAT TIME, I STOPPED THE DEFENDANT AND EXPLAINED THAT HE NEEDED TO COUNT OUT LOUD. DURING THE SECOND TRY OF THE TASK, THE DEFENDANT PUT HIS FOOT DOWN ON TWO AND FOUR, AND THEN STOPPED COMPLETELY ON SIX. I ADVISED THE DEFENDANT THAT HE NEEDED TO CONTINUE UNTIL I TOLD HIM TO STOP AND HE STATED THAT HE HAS VERY BAD COORDINATION. THE DEFENDANT THEN STATED THAT THIS IS STUPID YOU KNOW YOU ARE GOING TO TAKE ME LETS JUST GO. I ADVISED THE DEFENDANT I WOULD LIKE HIM TO AT LEAST ATTEMPT MORE TASKS SO THAT I CAN PROPERLY DETERMINE IF HE IS INTOXICATED OR NOT HOWEVER, THE DEFENDANT REFUSED TO DO ANYMORE TASK AND SIMPLY TURNED AROUND, PUT HIS HANDS BEHIND HIS BACK, AND STATED LETS JUST GO. I TOOK THIS AS A REFUSAL TO SUBMIT TO FIELD SOBRIETY TASKS AND PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DRIVER WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK, AND PLACED INTO THE REAR OF MY PATROL VEHICLE. THIS DEPUTY SEARCHED THE VEHICLE PRIOR TO LEAVING THE SCENE. DEPUTY LAUGHLIN REMAINED ON THE SCENE TO ASSIST BOTH PASSENGERS IN GETTING HOME. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS PROVIDED WITH CITATION NUMBER 8006FIQ5 FOR SPEEDING (54 MPH IN A 45 MPH ZONE) AND CITATION NUMBER 8007FIQ6 FOR DRIVING UNDER THE INFLUENCE; HE SIGNED BOTH. THE DEFENDANT SUBMITTED TO SOBRIETY EXERCISES AND A TEST OF HIS BREATH AT THE DETENTION FACILITY. THE BREATH RESULTS WERE .183 AND .177 ALL NECESSARY PAPERWORK WAS COMPLETED AND TURNED INTO RECORDS FOR PROCESSING. *NOT-EXEMPT* |
