| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR10118421) 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'S STATE STATUTE 316.193. ON 121710 AT APPROXIMATELY 0302 HOURS, I WAS DISPATCHED TO THE AREA OF 7027 EAST STAGE COACH TRAIL IN FLORAL CITY IN REFERENCE TO A VEHICLE STOPPED IN THE WESTBOUND LANE WITH ITS LIGHTS ON. UPON ARRIVAL, AS I WAS TRAVELING EASTBOUND, I SHINED MY SPOTLIGHT AT THE DRIVER'S COMPARTMENT OF THE VEHICLE AND OBSERVED A WHITE MALE SLOUCHED DOWN IN THE DRIVER'S SEAT. I THEN ACTIVATED MY EMERGENCY LIGHTS AND PULLED IN BEHIND THE TRUCK BEARING THE FLORIDA TAG J672MI. I EXITED MY PATROL VEHICLE AND APPROACHED THE VEHICLE ON THE DRIVER'S SIDE. AS I APPROACHED THE VEHICLE, I OBSERVED THE DEFENDANT TO APPEAR UNCONSCIOUS AND THE VEHICLE'S TRANSMISSION TO BE IN DRIVE AND THE VEHICLE'S ENGINE TO BE RUNNING. I THEN KNOCKED ON the DRIVER'S WINDOW AND RECEIVED NO RESPONSE FROM THE DRIVER. I THEN BEGAN TO BANG VERY LOUDLY ON THE EXTERIOR OF THE VEHICLE. the DRIVER THEN AWOKE FOR APPROXIMATELY 2 SECONDS AND IMMEDIATELY BECAME UNCONSCIOUS AGAIN. I THEN ATTEMPTED TO OPEN the DRIVER' S DOOR BUT IT WAS LOCKED. I THEN BEGAN TO KNOCK CONTINUOUSLY FOR APPROXIMATELY 30 SECONDS UNTIL THE DRIVER AWOKE AT WHICH TIME HE OPENED THE DOOR AND I DIRECTED HIM TO PUT THE VEHICLE IN PARK. THE DEFENDANT THEN TURNED THE VEHICLE'S ENGINE OFF CAUSING the VEHICLE TO BEGIN TO ROLL BACKWARDS TOWARDS MY PATROL VEHICLE. THE DEFENDANT APPEARED NOT TO BE NOTICING THAT THE VEHICLE WAS MOVING AND WAS NOT RESPONDING TO MY INSTRUCTIONS TO STOP THE VEHICLE. I THEN JUMPED INTO THE ROLLING VEHICLE AND APPLIED THE EMERGENCY BRAKE, CAUSING THE VEHICLE TO STOP. I THEN EXITED THE VEHICLE. I THEN BEGAN TO SPEAK WITH THE DRIVER and COULD SMELL THE ODOR OF URINE PRESENT AT WHICH TIME I OBSERVED THE DEFENDANT HAD URINATED ON HIMSELF INSIDE THE VEHICLE. the DEFENDANT WAS THEN ASKED TO EXIT THE VEHICLE, which HE DID WHILE HOLDING ONTO THE TRUCK AND TRUCK BED TO ENSURE HIS BALANCE. EVEN WITH THE DEFENDANT HOLDING ONTO THE VEHICLE, HE STILL COULD NOT GET HIS BALANCE. I THEN HAD HIM SIT ON THE TAILGATE OF THE VEHICLE. I THEN PLACED THE DRIVER IN HANDCUFFS FOR HIS SAFETY AND MINE UNTIL DEPUTY MOORE ARRIVED. I THEN ASKED THE DRIVER WHERE HE WAS GOING TO which HE ADVISED "HERE". I THEN ASKED HIM IF HE KNEW WHERE HE WAS AND HE ADVISED "HERE". I THEN ASKED THE DEFENDANT WHERE HE WAS GOING AND HE ADVISED "THERE". AS THE DEFENDANT BEGAN TO TALK, I SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. ONCE DEPUTY MOORE ARRIVED, THE DEFENDANT WAS UNHAND CUFFED AND ASKED TO PERFORM LISTED FIELD SOBRIETY TASKS. 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 DID NOT COMMENT. 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. THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS AS HE COULD NOT FOLLOW WITHOUT MOVING HIS HEAD AS WELL AS HIS EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT AND WOULD NOT STAND AS INSTRUCTED WITHOUT LOOSING HIS BALANCE. the DEFENDANT REFUSED ANY OTHER FIELD SOBRIETY TASKS. 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY 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 .259 AND REFUSAL ON THE SECOND ATTEMPT. 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 4346XDX3 WITH A MANDATORY COURT APPEARANCE OF 011311 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5825GJX1, FOR REMAINING STANDING ON THE ROADWAY WITH A $166.00 FINE, PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
