| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (2012-2401AR) 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 081612 AT APPROXIMATELY 1733 HOURS, I WAS DISPATCHED TO A DOMESTIC DISTURBANCE AT 8355 WEST TROTTER LANE IN HOMOSASSA. AS I TURNED ONTO WEST TROTTER LANE FROM SOUTH OHIO AVENUE I OBSERVED A GRAY 4-DOOR OLDSMOBILE IN THE MIDDLE OF THE ROADWAY IN FRONT OF 8355 WEST TROTTER LANE. AS I CONTINUED TOWARDS THE RESIDENCE, I OBSERVED THE VEHICLE PULL BACK INTO THE DRIVEWAY OF THE RESIDENCE AND OBSERVED A WHITE MALE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT MR MATTHEW WILSON, EXIT THE VEHICLE. WHEN HE EXITED THE VEHICLE HE APPEARED TO STUMBLE. MR WILSON BEGAN SPEAKING WITH ME AND HE APPEARED TO HAVE SLURRED SPEECH, GLASSY EYES AND I COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. DURING MY INVESTIGATION IN REFERENCE TO THE DOMESTIC DISTURBANCE, I WAS ADVISED BY MR WILSON THAT BOTH HE AND HIS GIRLFRIEND HAD BEEN DRINKING THROUGHOUT THE DAY AND THAT HE ATTEMPTED TO LEAVE TO GET AWAY FROM THE SITUATION. I ADVISED MR WILSON THAT I WAS BEGINNING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION AND REQUESTED HE SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE AGREED TO DO. THESE TASKS WERE PERFORMED ON A DRY, FLAT SURFACE IN THE DEFENDANTâS DRIVEWAY. 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 HAS SOME KNEE PAIN AND THAT HE HAD TAKEN SOME PAIN MEDICATION TODAY FOR THAT. HE ALSO ADVISED THAT HE HAD VISION PROBLEMS AND THAT HE USES READING GLASSES. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. THE DEFENDANT HAD TO BE TOLD SEVERAL TIMES TO NOT MOVE HIS HEAD AND TO MOVE HIS EYES ONLY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. T I REQUESTED THE DEFENDANT TO STAND ON THE LINE WITH ONE FOOT IN FRONT OF THE OTHER WHILE I GAVE HIM INSTRUCTIONS. THE DEFENDANT STARTED THE TASK SEVERAL TIMES WITHOUT BEING INSTRUCTED TO AND COULD NOT STAND WITH ONE FOOT IN FRONT OF THE OTHER DURING THE INSTRUCTIONAL PHASE. HE ADVISED THAT HE WAS TOO IMPAIRED TO COMPLETE THE TASK. TASK THREE, ONE LEG STAND. I ATTEMPTED TO GIVE THE DEFENDANT INSTRUCTIONS FOR ONE LEG STAND; HOWEVER, HE BECAME FRUSTRATED AND ADVISED HE WAS TOO IMPAIRED TO COMPLETE THAT TASK, AS WELL. TASK FOUR, ALPHABET TEST. THE DEFENDANT WAS ASKED TO RECITE HIS ALPHABET FROM âAâ TO âZâ WITHOUT SINGING THEM. HE MADE IT TO THE LAST FEW LETTERS AND MIXED A FEW OF THEM UP. TASK FIVE, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT STATED HE UNDERSTOOD. WHEN I INSTRUCTED THE DEFENDANT TO USE HIS RIGHT OR LEFT HAND THE DEFENDANT USED THE WRONG HAND ON TWO OCCASIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS PERSON AND SEATED IN THE REAR OF MY PATROL VEHICLE. HE WAS READ HIS IMPLIED CONSENT WARNINGS, TO WHICH HE ADVISED THAT HE WOULD SUBMIT TO THE TEST OF HIS BREATH. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY JAIL FOR PROCESSING. UPON ARRIVAL AT THE JAIL, I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD. I AGAIN ASKED HIM WHAT HE HAD TO DRINK THROUGHOUT THE DAY AND HE ADVISED APPROXIMATELY THREE BEERS AND FOUR SHOTS OF TEQUILA. WHEN ASKED IF HE HAD TAKEN ANY MEDICATION THE DEFENDANT ADVISED THAT HE TOOK ONE VICODIN EARLIER IN THE DAY. THE DEFENDANT WAS TURNED OVER TO JAIL STAFF FOR BREATH TESTING WHERE HE DID BLOW .242 AND .230. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 9722-XEI9, FOR VIOLATION OF FLORIDA STATE STATUTE NUMBER 316.193, WITH A MANDATORY COURT DATE OF 083012 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTâS BOND WAS SET AT $500.00. |
