| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR16-21599) 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(1)(A). ON 110916, AT APPROXIMATELY 2253 HOURS, WHILE ON ROUTINE PATROL TRAVELING EASTBOUND ON EAST GULF TO LAKE HIGHWAY IN THE RIGHT LANE, I OBSERVED THE DEFENDANTâS VEHICLE IN FRONT OF MY PATROL VEHICLE. THE DEFENDANTâS VEHICLE CROSSED THE CENTER BROKEN LIKE APPROXIMATELY THREE TIMES AND THEN SWERVED BACK INTO THE RIGHT LANE CROSSING THE FOG LINE. AS OUR VEHICLES APPROACHED A CURVE TO THE RIGHT, THE DEFENDANTâS VEHICLE WENT INTO THE LEFT LANE AND THEN JERKED BACK INTO THE RIGHT LANE, CROSSING THE FOG LINE AREA NEARLY STRIKING THE CURB. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN TO INITIATE A TRAFFIC STOP. THE DEFENDANTâS VEHICLE CAME TO A STOP IN THE AREA OF EAST GULF TO LAKE HIGHWAY AND MAPLENUT WAY. I THEN MADE CONTACT WITH THE DEFENDANT, MR MAXWELL BATTLE, AT HIS VEHICLE. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, HIS EYES WERE BLOOD SHOT, AND HIS SPEECH WAS SLURRED. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING AND HE ADVISED HE HAD APPROXIMATELY THREE GLASSES OF BOURBON AT THE VFW. AT THAT TIME, I HAD THE DEFENDANT EXIT HIS VEHICLE. THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET AND USED HIS VEHICLE AS A BRACE TO HELP MAINTAIN HIS BALANCE. I HAD THE DEFENDANT WALK TO THE REAR OF HIS VEHICLE, WHERE 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 DID NOT. 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 NOT HAVE VERTICAL GAZE NYSTAGMUS. DURING THIS TASK, THE DEFENDANT HAD TO BE TOLD APPROXIMATELY FOUR TIMES TO NOT MOVE HIS HEAD DURING THE TASK. THE DEFENDANT WAS UNSTEADY ON HIS FEET AND SWAYING FROM FRONT TO BACK, AT WHICH TIME HE HAD TO LEAN BACK AGAINST HIS VEHICLE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE APPROXIMATELY SIX TIMES LOOSING HIS BALANCE, USED HIS ARMS TO KEEP FROM FALLING, AND DID NOT COUNT OUT KLOUD AS INSTRUCTED TO DO SO. ON THE TURN AROUND THE DEFENDANT TOTALLY LOST HIS BALANCE AND I HAD TO ASSIST HIM FROM FALLING. THE DEFENDANT STILL CONTINUED TO NOT TOUCH HEEL TO TOE, CONTINUED LOSING HIS BALANCE, AND WAS NOT COUNTING OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HIS FOOT UP FOR THE COUNT OF ONE BEFORE LOSING HIS BALANCE. HE AGAIN TRIED TO PERFORM THE TASK AND HELD HIS FOOT UP FOR THE COUNT OF THREE BEFORE LOSING HIS BALANCE. THE DEFENDANT ATTEMPTED THE TASK ONE MORE TIME BY PLACING HIS HEEL ON THE GROUND, AT WHICH TIME HE LOST HIS BALANCE AT THE COUNT OF FIVE. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 TURNED OVER TO HIS FRIEND MARTY HESSION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .231 AND .239. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0011-XEJ 8, WITH A MANDATORY COURT APPEARANCE OF 120116 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A21EHMP, FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
