| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR10115232) 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 060610 AT APPROXIMATELY 1932 HOURS, DEPUTY JASON FOX RADIOED DISPATCH ADVISING THAT A RED TOYOTA FOUR DOOR VEHICLE HAD JUST PULLED OUT IN FRONT OF HIS UNMARKED VEHICLE IN THE AREA OF NORTH FLORIDA AVENUE AND NORTH CARL G ROSE HIGHWAY, CAUSING HIM TO TAKE EVASIVE ACTION. DEPUTY FOX PROCEEDED TO FOLLOW THE VEHICLE IN HIS UNMARKED VEHICLE. DEPUTY FOX ADVISED DISPATCH THAT SAID VEHICLE WAS CROSSING OVER THE FOG LINE, OVER-CORRECTING AND CROSSING THE CENTER LINE SEVERAL TIMES. IN THE AREA OF NORTH FLORIDA AVENUE AND EAST KATHY ROAD, DEPUTY FOX ADVISED THAT THE VEHICLE CROSSED OVER THE CENTER LINE, TRAVELING NORTHBOUND IN THE SOUTHBOUND LANE. HE STATED THE VEHICLE WENT BACK IN THE NORTHBOUND LANE AND WHILE PASSING EAST DEARBORN STREET, THE VEHICLE REENTERED THE SOUTHBOUND LANE, TRAVELING UP HILL. DEPUTY FOX ADVISED THE VEHICLE CAME TO A COMPLETE STOP AT THE INTERSECTION OF NORTH FLORIDA AVENUE AND NORTH LECANTO HIGHWAY. THE VEHICLE THEN PROCEEDED ACROSS THE INTERSECTION, PULLING INTO THE PARKING LOT OF THE CITGO GAS STATION AND PARKED IN A PARKING SPACE, FACING NORTHBOUND. DEPUTY FOX CONTINUED TO OBSERVE THE VEHICLE FROM THE OPPOSITE SIDE OF THE ROADWAY UNTIL I ARRIVED IN MY MARKED PATROL VEHICLE. UPON SPEAKING WITH DEPUTY FOX, HE ADVISED THERE WAS ONLY ONE WHITE MALE SUBJECT WHO HAD NOT EXITED THE VEHICLE SINCE THE VEHICLE HAD COME TO A STOP. SEE DEPUTY FOX'S SUPPLEMENT FOR FURTHER INFORMATION. I PROCEEDED TO THE CITGO PARKING LOT AND PULLED IN BEHIND THE VEHICLE. I EXITED MY PATROL VEHICLE AND APPROACHED THE RED TOYOTA ON THE DRIVER SIDE. AS I APPROACHED THE VEHICLE, I NOTICED THAT THE VEHICLE WAS IN FACT STILL RUNNING. THE DRIVER WAS SEATED IN THE DRIVER SEAT WHICH WAS LAID BACK AND THE DRIVER APPEARED TO BE SLEEPING. I KNOCKED ON THE DRIVER SIDE WINDOW SEVERAL TIMES AT WHICH TIME THE DRIVER/DEFENDANT OPENED HIS DRIVER SIDE FRONT DOOR. AS THE DEFENDANT SAT UP, I IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON AND NOTED THAT HIS EYES WERE VERY GLOSSY. I ASKED THE DEFENDANT TO SHUT THE VEHICLE OFF AND HAND ME THE KEYS, WHICH HE DID. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE WHICH HE PROVIDED. I ADVISED THE DEFENDANT WHY I HAD MADE CONTACT WITH HIM. THE DEFENDANT STATED HE WAS A DIABETIC AND THAt was why he had pulled over. AT THAT TIME, I REQUESTED EMERGENCY MEDICAL SERVICES RESPOND TO MY LOCATION. WHILE SPEAKING WITH THE DEFENDANT, IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR MATTHEW TODD ROWELL, ASKING HIM SIMPLE MEDICAL QUESTIONS RELATING TO HIS DIABETIC CONDITION, HIS ONLY RESPONSE WAS "THAT'S WHY I PULLED OVER." MEDIC TWO ARRIVED ON SCENE AND EVALUATED THE DEFENDANT, ADVISING THAT THE DEFENDANT WAS OKAY AND THAT THIS WAS NOT A DIABETIC ISSUE OR ANY ISSUE RELATING TO A MEDICAL CONDITION. I THEN ASKED THE DEFENDANT TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS LEVEL OF IMPAIRMENT, TO WHICH THE DEFENDANT STATED HE WOULD SUBMIT. I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE AND STEP TO THE REAR OF HIS VEHICLE TO BEGIN THE FIELD SOBRIETY TASKS. AS HE EXITED THE DRIVER SIDE OF THE VEHICLE, THE DEFENDANT APPEARED TO BE VERY UNSTEADY ON HIS FEET. 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 HE HAD TYPE TWO DIABETES. I ASKED HIM IF HE HAD ANY OTHER CONDITIONS, TO WHICH HE STATED NO. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT STATED HE WAS WEARING CONTACT LENSES AND WANTED TO LEAVE THEM IN HIS EYES. THE DEFENDANT WAS GIVEN THREE ATTEMPTS TO COMPLETE THIS TASK. ON THE FIRST ATTEMPT, THE DEFENDANT GRABBED MY PEN WITH HIS RIGHT HAND, AT WHICH TIME I GAVE HIM THE INSTRUCTIONS AGAIN. ON THE SECOND AND THIRD ATTEMPTS, THE DEFENDANT NEVER MOVED HIS EYES BUT LEANED CLOSER TO MY FACE TRYING TO FOCUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK APPROXIMATELY TEN STEPS, NOT HEEL TO TOE, UNBALANCED AND DID NOT TURN AND WALK BACK. AT THAT TIME, THE DEFENDANT STATED HE COULD NOT COMPLETE ANY MORE TASKS. I GAVE THE DEFENDANT TWO MORE OPPORTUNITIES TO CONTINUE WITH THE FIELD SOBRIETY TASKS, HOWEVER, THE DEFENDANT STATED HE COULD NOT PERFORM THE TASKS. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING HE INFLUENCE. HE WAS HANDCUFFED (double locked) behind his back and secured 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 HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT ASKED THAT HIS VEHICLE BE SECURED AND LEFT ON SCENE. WHILE ATTEMPTING TO SECURE THE DEFENDANT'S VEHICLE, I LOCATED IN THE CENTER CONSOLE ONE CAN OF APPROxIMATELY 16 OUNCES OF 'JOOSE' ALCOHOLIC BEVERAGE WHICH WAS LABELED 12 PERCENT ALCOHOL BY VOLUME. ALSO LOCATED DIRECTLY BESIDE THAT CAN WAS A white dixie cup which had a dark liquid, ¾ full, WHICH WAS CONSISTENt BY SMELL WITH AN ALCOHOLIC BEVERAGE. THE DEFENDANT'S VEHiCLE WAS SECURED AND I QUESTIONED him ABOUT THE TWO OPEN CONTAINERS IN HIS VEHICLE. THE DEFENDANT CONTINUALLY STATED "BAD DECISION." THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY INTOXILYZER OPERATOR faris. OFFICER faris advised that the defendant performed poorly. he stated the defendant had told him he drank three tall boys of natural light beer, beginning at 2015 hours and finishing at 2020 hours while he was driving. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. OFFICER FARIS ADVISED THE TEST RESULTS on the first attempt were unreadable. the test results on the second attempt were .276 WITH DECEPTION AND THE TEST RESULTS ON THE THIRD ATTEMPT WERE .304. 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, CITATION NUMBER 7155-XDO9, WITH A MANDATORY COURT APPEARANCE DATE ON 062410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7406-FRY3, FOR OPEN CONTAINER, WITH A FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
