| Date of birth: | Dec 8, 1990 |
| Probable cause affidavit: | SUBMITTED By: FLORIDA HIGHWAY PATROL TROOPER RICHARD L TAYLOR On this date and time I was dispatched to a vehicle crash in Citrus County in the area of Independence Highway and NORTH Paul DrIVE. Upon my arrival, I observed a marked Citrus County patrol vehicle on the north shoulder of Independence HIGHwAy facing south with damage to the driver's side of the vehicle. I also observed a green Ford Ranger (Florida tag # 295MWD registered to Mathew Kennedy DOB 12/08/1990 ) east of the patrol vehicle also on the north grassy shoulder facing north with damage to the front of that vehicle. I located the driver of the patrol vehicle who was being transported to Citrus Memorial. I also spoke with the passenger of the patrol vehicle (DEPUTY Dale Eugene Johnson, FlORIDA DRIVERâS lICENSE of j525165634150). DEPUTY Johnson stated that he was in the right front passenger seat of the patrol vehicle and that he was the wheel witness to Mr Kennedy being the sole occupant of the green Ford pickup and can attest to Mr Kennedy being in actual physical control of the Ford Ranger at the time of the collision. I located Mr Kennedy who was sitting down on the ground speaking with EMS so I waited until he signed a refusal to go to the hospital. I asked Mr Kennedy to stand up and he did. as he stood he was unsteady and was swaying side to side at an inch or so to the left, right and towards the back. At one time Mr Kennedy swayed apparently toO far towards the back and had to take several steps to regain his balance. I identified myself as Trooper Richard Taylor with the Florida Highway Patrol and that I was conducting an investigation in reference to the traffic crash. I asked Mr Kennedy what had happened and he stated he did nOt really remember. I observed Mr Kennedy had glassy watery eyes that appeared bloodshot. Mr Kennedy's speech was slurred and I could detect an odor of an alcoholic beverage emitting from Mr Kennedy's person that intensified as he spoke. I asked Mr Kennedy if he would be willing to perform some roadside sobriety tasks and he stated that he would. I moved my patrol vehicle to an area of level ground that had a street light to perform the sobriety tasks. The ground was hard and flat and appeared to be free of rocks and debris. The weather was clear and the location of the tasks was clear from oncoming traffic. I deactivated my emergency lights and left my headlights activated. I explained to Mr Kennedy that I had concluded my Crash Investigation and was changing hats to conduct a DUI Investigation. Mr Kennedy stated that he understood. Sobriety tasks are as follows: I asked Mr Kennedy to stand in front of my patrol vehicle and advised him that I was video taping as well as audio recording the task. I had Mr Kennedy face me which would position him so my vehicle headlights were not shining directly at his eyes. I asked Mr Kennedy to stand with his feet together and place his hands down by his side. Eye Nystagmus: I explained the task to Mr Kennedy anD Lack of smooth pursuit in the left and right eye Maximum Deviation in both the left and right eye Had Onset prior to 45 degrees in both the left and right eye One Leg Stand: I asked Mr Kennedy if he had had any injuries to his hips, legs etc that would prevent him from doing a one leg stand and he stated no. I asked Mr Kennedy to stand again with his feet together with his hands down by his side and then explained to him that he can choose either foot to stand on and then explained to him to lift one foot 6 inches off of the ground pointing that foot forward and count one thousand one, one thousand two, one thousand three, one thousand four all the way to 30. Mr Kennedy moved his hands back to behind his back and stated he did nOt even want to do it because he did nOt want to embarrass himself. He stated that he knew he could nOt do it. I stated that I did it and Mr Kennedy's response was âI know but YouârE not drunkâ. I repeated to Mr Kennedy that he said he had had approximately 6 beers earlier at a friendâs house. He stated it was about 30 minutes ago. Walk and Turn: I asked Mr Kennedy to stand facing away from my patrol vehicle and asked him to place his left foot in front of his right foot while keeping his hands to his side. Mr Kennedy was unsteady on his feet. I then began to demonstrate to him the next task. Mr Kennedy stated that he understands but he Is not going to be able to do it. Mr Kennedy stated âwhy would you want to watch me failâ. I asked him if he wanted to try it and he stated âto tell you the truth but I just can't do itâ. I read Mr Kennedy Implied Consent on video asking him to submit to a breath test and he stated âyes sirâ. I then explained to him that he was being placed under arrest for DUI. I checked the handcuffs for fit making sure to double lock them. Mr Kennedy was transported to the Citrus County Jail by a Citrus County Deputy as I remained on scene to finish the crash report. Mr Kennedy's vehicle was towed by Scally's Towing. Charges: 316.193 Driving under the influence; penalties.â (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and; (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893, when affected to the extent that the personâs normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (3) Any person; (a) Who is in violation of subsection (1); (b) Who operates a vehicle; and (c) Who, by reason of such operation, causes or contributes to causing: 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 316.089 Driving on roadways laned for traffic.â Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. |
| Inmate name: | Matthew J KENNEDY |
| Arrest number: | 16797 |
| Arrest date: | Oct 12, 2015 |
| Arrest type: | Misdemeanor |
| Booking location: | Citrus County, FL |
| Arrest number: | 5818 |
| Arrest date: | May 29, 2013 |
| Arrest type: | Misdemeanor |
| Booking location: | Citrus County, FL |
| Code: | 316.193(3)(A)(B)(C)(1) |
| Charge description: | DUI W/Damage to Property of Person of Another |
| Bond amount: | $500 |
| Code: | 316.193(1)(A) |
| Charge description: | DUI - Alcohol, Drugs, or Chemical Impairment |
| Bond amount: | $1,000 |
