| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR08102912) 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, AND WAS AS A RESULT OF SUCH IMPAIRMENT, INVOLVED IN A TRAFFIC CRASH RESULTING IN DAMAGE TO THE PROPERTY OF ANOTHER, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(C)(1) AND DID REFUSE TO SUBMIT TO THE APPROVED TEST OF HIS URINE FOR THE PURPOSE OF DETERMINING THE CHEMICAL CONTENT OF HIS BLOOD AFTER HAVING BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1932(1)(B) ON 042608 AT APPROXIMATELY 1733 HOURS, I ARRIVED ON SCENE AT 44 AND 491 AS BACK-UP FOR DEPUTY CALLAHAN WHO WAS CURRENTLY WORKING A MINOR TRAFFIC CRASH. PRIOR TO MY ARRIVAL, I HAD BEEN ON THE TELEPHONE WITH DEPUTY CALLAHAN WHO ADVISED THAT THE BEHAVIOR OF ONE OF THE VEHICLE DRIVER'S WAS EXTREMELY ERRATIC. UPON ARRIVAL, I SPOKE WITH DEPUTY CALLAHAN WHO ADVISED THAT DUE TO THE ERRATIC BEHAVIOR OF THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT MR MATTHEW SCUDERO, HE WAS PLACED IN THE REAR SEAT OF DEPUTY CALLAHAN'S PATROL VEHICLE WHILE DEPUTY CALLAHAN COMPLETED HIS TRAFFIC CRASH REPORT. IT SHOULD BE NOTED THAT MR SCUDERO WAS NOT HANDCUFFED AT THE TIME, HE WAS SIMPLY DETAINED FOR THE SAFETY OF DEPUTY CALLAHAN. I SPOKE TO THE DRIVER OF VEHICLE THAT MR SCUDERO'S VEHICLE HAD COLLIDED WITH, AND SHE ADVISED THAT AFTER THE IMPACT, MR SCUDERO HAD EXITED HIS TRUCK ABRUPTLY AND MADE THE STATEMENT "WHERE AM I?" IT SHOULD ALSO BE NOTED THAT PRIOR TO DEPUTY CALLAHAN RECEIVING A REPORT OF A TRAFFIC CRASH, HE HAD RESPONDED TO THE SAME AREA IN REFERENCE TO A RECKLESS VEHICLE, MATCHING THE DESCRIPTION OF MR SCUDERO'S TRUCK. THE UNRELATED COMPLAINANT STATED THAT THE TRUCK WAS TRAVELING APPROXIMATELY 100 MILES PER HOUR (MPH) ON THE ROADWAY IN THE SAME AREA PRIOR TO THE CRASH. AFTER DEPUTY CALLAHAN COMPLETED HIS TRAFFIC CRASH INVESTIGATION, I ASKED MR SCUDERO TO STEP OUT OF DEPUTY CALLAHAN'S PATROL VEHICLE, AT WHICH TIME I ADVISED HIM THE TRAFFIC CRASH INVESTIGATION WAS COMPLETED AND I WAS NOW INVESTIGATING THE POSSIBILITY THAT MR SCUDERO WAS DRIVING UNDER THE INFLUENCE. I ASKED MR SCUDERO WHAT THE DATE, TIME AND DAY OF THE WEEK WERE, TO WHICH HE COULD NOT ANSWER ANY PART OF THE QUESTION CORRECTLY. I THEN ASKED MR SCUDERO TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE AGREED. 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 DID NOT. 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 WAS ALSO UNSTEADY ON HIS FEET AND SWAYED BACK AND FORTH WHILE STANDING. THE TASK WAS ALSO PERFORMED TWICE DUE TO THE FACT THE DEFENDANT DID NOT FOLLOW MY DIRECTIONS AND MOVED HIS HEAD FROM LEFT TO RIGHT, FOLLOWING MY PEN. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT INITIALLY FAILED TO FOLLOW INSTRUCTIONS. HE DID NOT COUNT OUT LOUD. THE DEFENDANT PERFORMED THE TASK ON THE SECOND ATTEMPT ADEQUATELY, HOWEVER, HE SWAYED BACK AND FORTH AND HIS LEGS WERE SHAKING. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ASKED TO TAKE NINE STEPS FORWARD, PIVOT AND TURN AND THEN TAKE NINE STEPS BACK WHILE FOLLOWING THE LINE ON THE PAVEMENT WHICH WAS A SMOOTH AND LEVEL CONCRETE SURFACE. THE DEFENDANT WAS ALSO INSTRUCTED TO COUNT HIS STEPS OUT LOUD. THE DEFENDANT ADVISED HE UNDERSTOOD AND BEGAN TAKING STEPS IN A FORWARD DIRECTION, FAILING EACH TIME TO TOUCH HEEL TO TOE. THE DEFENDANT CONTINUED TO WALK FOURTEEN STEPS OFF OF THE PAVEMENT AND INTO THE GRASS WHERE HE STOPPED AND ADVISED THAT HE WAS DONE. I EXPLAINED AND DEMONSTRATED THE TASK TO THE DEFENDANT AGAIN, TO WHICH THE DEFENDANT ADVISED HE UNDERSTOOD. THE DEFENDANT TOOK TEN STEPS FORWARD NOT TOUCHING HEEL TO TOE ON ANY OF THE STEPS. AFTER COUNTING TO TEN, THE DEFENDANT TURNED AND WALKED THE OPPOSITE DIRECTION, AGAIN FAILING TO TAKE HEEL TO TOE STEPS. HE COUNTED OUT LOUD TO FIFTEEN, AGAIN WALKING THROUGH THE GRASS AND SUBSEQUENTLY FAILING TASK THREE. IT SHOULD BE NOTED THE DEFENDANT DID NOT SHOW SIGNS OF ALCOHOL IMPAIRMENT, HOWEVER, THROUGH MY TRAINING AND EXPERIENCE, THE DEFENDANT SHOWED NUMEROUS SIGNS THAT HE WAS UNDER THE INFLUENCE OF NARCOTICS. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE 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 THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .000 AND .000. THE DEFENDANT WAS ASKED TO SUBMIT A URINE SAMPLE FOR THE PURPOSE OF DETERMINING THE LEVEL AND TYPE OF NARCOTIC IN HIS BLOOD, TO WHICH HE REFUSED. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH REFUSAL TO SUBMIT THE APPROVED TEST OF HIS URINE WITH A BOND OF $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 9246-XAI WITH A MANDATORY COURT APPEARANCE ON 051508 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. IT SHOULD BE NOTED A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT WHICH SHOWED HE HAD A PRIOR ARREST FOR DUI WITH A REFUSAL TO SUBMIT ON 090904 WHICH WAS CONFIRMED THROUGH FCIC/NCIC. *NOT-EXEMPT* |
