| Probable cause affidavit: |
SUBMITTED BY: THOMASON, DARRAL (AR08106878) 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 WHILE IN THE OPERATION OF SUCH VEHICLE THE DEFENDANT DID HIT MAIL BOXES, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)C(1). ON 122408 AT APPROXIMATELY 1745 HOURS, DEPUTY MELHADO AND I WERE CALLED REGARDING A REPORT OF A RECKLESS DRIVER ON HALLS RIVER ROAD. AN INDEPENDENT WITNESS WHO WAS FOLLOWING THE DRIVER REPORTED THAT THE DRIVER HAD HIT SEVERAL MAILBOXES WHILE TRAVELING DOWN HALLS RIVER ROAD. THE WITNESS DID PROVIDE A WRITTEN STATEMENT. DEPUTY MELHADO EVENTUALLY STOPPED THE VEHICLE ON BRIARWOOD COURT IN HOMOSASSA. I ARRIVED AT THE SCENE WITHIN 30 SECONDS OF DEPUTY MELHADO'S STOP. WE BOTH APPROACHED THE VEHICLE. DEPUTY MELHADO WAS THE FIRST CONTACT WITH THE DRIVER AND I WAS ON THE PASSENGER SIDE OF THE VEHICLE. DEPUTY MELHADO ASKED THE DRIVER FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE WHICH THE DRIVER WAS ABLE TO PROVIDE. DEPUTY MELHADO CHECKED THE DRIVER'S LICENSE AND FOUND IT TO BE SUSPENDED. I THEN APPROACHED THE DRIVER, MR MERLE DOUD, AND ASKED IF HE KNEW HIS LICENSE WAS SUSPENDED, TO WHICH HE REPLIED, "I DID NOT." WHILE SPEAKING TO THE DRIVER I COULD SMELL A DISTINCT ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. HIS EYES WERE GLASSY AND BLOOD SHOT. I ASKED HIM TO EXIT THE VEHICLE AND HE WAS UNSTEADY ON IS FEET AS HE EXITED THE VEHICLE. I ASKED THE DRIVER IF HE HAD BEEN DRINKING AND HE REPLIED, "YES, FIVE OR SIX BEERS." I INFORMED THE DRIVER THAT I FELT HE COULD BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE AND THAT I WANTED TO PERFORM SOME FIELD SOBRIETY TASKS, TO WHICH HE AGREED. 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 HAD PROBLEMS WITH HIS LOWER BACK AND LEFT ANKLE. 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 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE WHILE READ AND DEMONSTRATED THE INSTRUCTIONS. HE DID NOT WALK HEEL TO TOE, AND PUT HIS ARMS OUT FOR BALANCE SIX TIMES. HE STEPPED OFF THE LINE TWELVE TIMES, WALKED ONLY SEVEN STEPS; NOT THE REQUIRED NINE. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY, HAD TO BE TOLD TWICE TO CLOSE HIS EYES, DID NOT TOUCH HIS NOSE THREE OUT OF SIX TIMES. TASK FOUR THE RHOMBERG ALPHABET TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, AND SAID THE ALPHABET VERY SLOWLY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, DOUBLE LOCKED FOR OFFICER SAFETY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS FATHER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, DOUBLE LOCKED FOR OFFICER SAFETY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE W 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 4355-XDX WITH A MANDATORY COURT APPEARANCE OF 011509 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING FOR FAILURE TO MAINTAIN A SINGLE LANE, WARNING NUMBER 237550-B AND IN ADDITION UNIFORM TRAFFIC CITATION FOR DRIVING ON A SUSPENDED DRIVER'S LICENSE UNKNOWINGLY, CITATION NUMBER 2503-FIR. *NOT-EXEMPT* |
