| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR09109614) 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 061909 AT APPROXIMATELY 0115 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF CROFT AND DAWSON, AT WHICH TIME I OBSERVED A VEHICLE TRAVELING NORTH ON CROFT THAT APPEARED TO BE TRAVELING AT A RATE OF SPEED GREATER THEN THE POSTED SPEED LIMIT OF 35 MILES PER HOUR (MPH). I ESTIMATED THE VEHICLE SPEED TO BE APPROXIMATELY 50 MPH, AND UPON ACTIVATING MY FRONT RADAR I RECEIVED A CLEAR AUDIO DOPPLER TONE, AT which TIME I RECEIVED A READING OF 49 MPH. I THEN CONDUCTED A U-TURN AND ATTEMPTED TO CATCH UP TO the VEHICLE. HOWEVER, I WAS UNABLE TO CATCH the VEHICLE UNTIL the CROSS STREET OF BRYANT. PRIOR TO DOING A TRAFFIC STOP, THE VEHICLE LEFT THE ROADWAY CROSSING THE WHITE LINE with BOTH FRONT AND REAR PASSENGER SIDE TIRES ON SEVERAL OCCASIONS, AT WHICH TIME A TRAFFIC STOP WAS INITIATED USING EMERGENCY LIGHTS. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT AND INFORMED HIM OF THE INFRACTION THAT HE COMMITTED, AND REQUESTED HIS DRIVER'S LICENSE, PROOF OF INSURANCE, AND VEHICLE REGISTRATION. HOWEVER, the DEFENDANT COULD NOT FIND ANY OF THE INFORMATION REQUESTED, AT WHICH TIME HE PROVIDED ME HIS NAME AND DATE OF BIRTH. IN SPEAKING with the DEFENDANT, WHO WAS IDENTIFIED AS, MR MATTHEW RICHARDSON, DATE OF BIRTH 10111987, THE DEFENDANT HAD EXTREMELY SLURRED SPEECH, GLOSSY EYES, AND EMITTED AN ODOR OF AN ALCOHOLIC BEVERAGE FROM HIS PERSON. I ALSO GATHERED THE INFORMATION FROM the OTHER TWO PASSENGERS in the VEHICLE, AND THEN RETURNED TO MY PATROL VEHICLE TO CONDUCT A CHECK OF THE DEFENDANT'S DRIVER LICENSE. UPON A SEARCH OF THE DEFENDANT'S NAME, I WAS ABLE TO LOCATE A VALID FLORIDA DRIVER'S LICENSE. I THEN COMPLETED THE TRAFFIC WARNING FOR SPEED, and AGAIN MADE CONTACT with THE DEFENDANT. I ASKED THE DEFENDANT TO STEP FROM HIS VEHICLE, AT WHICH TIME I ADVISED the DEFENDANT THAT I BELIEVED HE WAS UNDER THE INFLUENCE OF SOME SUBSTANCE AND REQUESTED that HE PERFORM FIELD SOBRIETY TASKS. UPON INFORMING THE DEFENDANT THAT I WAS REQUESTING HIM TO PERFORM FIELD SOBRIETY TASKS, HE MADE A SPONTANEOUS STATEMENT THAT THE PASSENGER COULD PERFORM THEM. HOWEVER, I INFORMED HIM THAT the PASSENGER WAS NOT THE PERSON DRIVING THE VEHICLE, AND I WAS REQUESTING HIM, THE DRIVER, TO PERFORM the TASKS. THE DEFENDANT MADE ANOTHER SPONTANEOUS STATEMENT ADVISING THAT THE PASSENGER WAS HIS DESIGNATED DRIVER. THE DEFENDANT WAS ASKED IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, TO WHICH HE ADVISED THAT HE HAD A COUPLE SHOTS OF CAPTAIN MORGAN. THE DEFENDANT ADVISED THAT HE HAD NOT HAD ANYTHING TO EAT SINCE LUNCH TIME. WHEN the DEFENDANT WAS ASKED APPROXIMATELY what TIME HE CONSUMED THE ALCOHOL, HE ADVISED AT APPROXIMATELY "6:30 THIS AFTERNOON". HOWEVER THE DEFENDANT ALSO ADVISED THAT IT WAS APPROXIMATELY "8:30 AT NIGHT", WHEN the CORRECT TIME WAS APPROXIMATELY 0130 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 JUST HAD TIRED LEGS FROM WORKING. HE WAS ASKED IF HE UNDERSTOOD AND COULD READ and WRITE THE ENGLISH LANGUAGE, TO which HE ADVISED THAT HE COULD. I ASKED THE DEFENDANT IF HE could TOUCH the TIP OF MY PEN with HIS RIGHT INDEX FINGER; HOWEVER, THE DEFENDANT WAS UNABLE TO TOUCH the TIP OF THE PEN. ORIGINALLY HE TOUCHED MY HAND AND THEN PROCEEDED TO FOLLOW THE TIP OF THE PEN. THE DEFENDANT ATTEMPTED TO DO THE TASK ONE MORE TIME WITH the SAME RESULT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS YES. 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 MOVED HIS HEAD FROM SIDE TO SIDE, AND HIS EYES WERE EXTREMELY GLOSSY. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THE TASK EARLY, SWAYED SIDE TO SIDE, AND DID NOT KEEP HIS EYES CLOSED OR HIS HEAD TILTED BACK. ON THE FIRST ATTEMPT WITH HIS RIGHT FINGER THE DEFENDANT MISSED HIS NOSE TOUCHING just ABOVE HIS LIP. ON the ATTEMPT WITH HIS LEFT ARM, THE DEFENDANT ONCE AGAIN MISSED THE TIP OF HIS NOSE TOUCHING JUST BELOW HIS NOSTRILS. THE DEFENDANT REPEATED THE SAME FOR THE SECOND ATTEMPT WITH THE RIGHT AND the LEFT ALSO FAILING TO TOUCH THE TIP OF HIS NOSE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT DID NOT KEEP HIS ARMS TO HIS SIDE, AND HAD HIS ARMS OUT FOR BALANCE. THE DEFENDANT BENT HIS STATIONARY LEG, AND DID NOT KEEP HIS EXTENDED LEG OFF THE GROUND AND ALSO HAD THAT LEG BENT. ON the COUNT OF 5-1,000, THE DEFENDANT STUMBLED PLACING HIS FOOT ON THE GROUND. THE DEFENDANT WAS THEN ADVISED TO CONTINUE ONCE HE STOPPED COUNTING AT FIVE. THE DEFENDANT THEN AGAIN STARTED COUNTING BUT STILL KEPT HIS ARMS OUT FOR BALANCE, AND HIS LEGS IN the SAME POSITION AS BEFORE. TASK FOUR, WALK and TURN; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT HIS ARMS OUT FOR BALANCE, FAILED TO TOUCH HEEL TO TOE ON ALL STEPS OUT, AND ON STEP SEVEN ON the WAY OUT THE DEFENDANT STEPPED OFF THE LINE, REGAINED HIS COMPOSURE, AND THEN CONTINUED AND PERFORMED AN IMPROPER TURN. HE THEN RETURNED NINE STEPS BACK FAILING TO TOUCH HEEL TO TOE ON the WAY BACK, KEEPING ARMS OUT FOR BALANCE. DURING THE TASK the DEFENDANT MISSED HEEL TO TOE BY APPROXIMATELY FIVE INCHES ON EVERY ATTEMPT. TASK FIVE THE ROMBERG ALPHABET, this TASK WAS EXPLAINED and DEMONSTRATED TO THE DEFENDANT. DURING THE TASK the DEFENDANT SWAYED FROM SIDE TO SIDE AND DID NOT KEEP HIS HEAD TILTED BACK. HE ALSO DID THE TASK WITH his EYES OPEN. the DEFENDANT WAS ABLE TO RECITE THE ALPHABET CORRECTLY. IT SHOULD BE NOTED that TASKS WERE PERFORMED ON A SMOOTH FLAT SURFACE OF THE PAVEMENT ON BRYANT STREET, and TAPE WAS PLACED ON the GROUND FOR THE DEFENDANT TO PERFORM the WALK AND TURN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SEATED IN the REAR SEAT OF MY PATROL VEHICLE. 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 AT FIRST THAT HE DID NOT WISH TO TALK. THE DEFENDANT THEN BEGAN ASKING QUESTIONS which PERTAINED TO HOW MUCH IT WAS GOING TO COST FOR THE DUI, AND IF HE COULD HAVE A LESSER CHARGE. A SEARCH OF THE VEHICLE REVEALED AN OPEN CONTAINER OF SMIRNOFF BLACK CHERRY VODKA UNDERNEATH THE PASSENGER FRONT SEAT. the BOTTLE DID NOT have A LID ON IT, and the TWO PASSENGERS THAT REMAINED IN the VEHICLE WERE UNDERAGE. THEREFORE, ITS CONTENTS WERE POURED OUT ON SCENE. THE DEFENDANT'S WALLET WAS FOUND UNDERNEATH the DRIVER SEAT WITH HIS DRIVER'S LICENSE INSIDE THE WALLET. the DEFENDANT WAS ASKED IF ONE OF the PASSENGERS IN THE VEHICLE COULD TAKE POSSESSION OF HIS VEHICLE, TO WHICH HE ADVISED, "YES". THE PASSENGER MR JOSEPH GOLISH, WHO ADVISED THAT HE HAD NOT BEEN DRINKING, AND DID NOT APPEAR TO BE IMPAIRED, TOOK POSSESSION OF the VEHICLE. 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 FIRST THREE ATTEMPTS BEING INSUFFICIENT AIRFLOW. THE DEFENDANT THEN ATTEMPTED A FOURTH TIME AND THE FIRST TIME BEING INSUFFICIENT, HOWEVER THE OTHER TWO WERE 00'S. 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 9865-XEO WITH A MANDATORY COURT APPEARANCE OF 070209 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING NUMBER 252160B, FOR SPEED 49 MPH IN A 35 MPH ZONE, AND WARNING NUMBER 252161B FOR FAILURE TO MAINTAIN A SINGLE LANE. the ENTIRE TRAFFIC STOP, FIELD SOBRIETY TASKS, AND the TRANSPORT TO the DETENTION FACILITY WERE RECORDED ON IN-CAR VIDEO, AND A COPY WILL BE MADE AND TURNED IN TO THE CITRUS COUNTY EVIDENCE DEPARTMENT. *NOT-EXEMPT* |
