| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR10117045) 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 092510, I MADE CONTACT WITH THE DEFENDANT MR MICHAEL BAKER, IN REFERENCE TO A SINGLE VEHICLE ACCIDENT. UPON SPEAKING WITH THE DEFENDANT, I OBSERVED THAT THE DEFENDANT'S EYES WERE GLASSY AND BLOOD SHOT, HIS SPEECH WAS SLURRED, AND I DETECTED THE SMELL OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT'S PERSON. WITNESS ONE AND WITNESS TWO ADVISED THAT THEY HAD HEARD A LOUD NOISE OUTSIDE THEIR HOMES AND WHEN THEY INVESTIGATED, THEY DISCOVERED THE DEFENDANT SEATED IN HIS VEHICLE ATTEMPTING TO BACK OUT OF THE WOOD LINE INTO WHICH HE HAD DRIVEN THE VEHICLE. WHILE ATTEMPTING TO DO SO, HE STRUCK WITNESS ONE'S MAILBOX AND A MOBILE BASKETBALL HOOP CAUSING DAMAGE TO BOTH THE HOOP AND HIS VEHICLE. THE WITNESSES ADVISED THEY MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WHAT HE WAS DOING. THE DEFENDANT STATED TO THEM THAT HE DID NOT KNOW AND WAS NOT SURE WHERE HE WAS AT. THE WITNESSES ASKED THE DEFENDANT IF HE THOUGHT THAT HE SHOULD BE DRIVING, AND HE STATED NO AND HANDED THEM HIS CAR KEYS. THE WITNESSES THEN CONTACTED THIS AGENCY. I COMPLETED A TRAFFIC ACCIDENT INVESTIGATION, SEE ACCIDENT REPORT 10213827. THE DEFENDANT WAS CITED FOR CARLESS DRIVING ON UNIFORM TRAFFIC CITATION (UTC) NUMBER, 1900-WBN. AT THAT TIME, I INFORMED THE DEFENDANT THAT I WAS FINISHED WITH THE TRAFFIC ACCIDENT INVESTIGATION AND WAS BEGINNING A CRIMINAL INVESTIGATION IN REFERENCE TO THE POSSIBILITY THAT HE WAS DRIVING UNDER THE INFLUENCE, TO WHICH THE DEFENDANT STATED THAT HE UNDERSTOOD. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, AND HE ADVISED THAT HE HAD. HE LATER STATED TO ME THAT HE WAS ALSO TAKING PRESCRIPTION PAIN KILLERS AND MUSCLE RELAXERS. I ASKED THE DEFENDANT IF HE WAS WILLING TO PERFORM FIELD SOBRIETY TASKS, AND HE STATED THAT HE WOULD. TASK ONE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL DISABILITIES THAT WOULD PREVENT HIM FROM PERFORMING THE TASK, AND HE ADVISED THAT HE RECENTLY SUFFERED A SHOULDER INJURY AND WAS CURRENTLY TAKING PAIN KILLERS AND MUSCLE RELAXERS FOR IT. DURING THIS TASK, THE DEFENDANT FAILED TO LIFT HIS RIGHT LEG THE REQUISITE SIX TO EIGHT INCHES OFF THE GROUND. HE PUT HIS RIGHT LEG DOWN TO CATCH HIS BALANCE SEVEN TIMES. HE ADDITIONALLY RESTARTED HIS COUNT FROM ONE HALFWAY THROUGH THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE, SWAYED WHILE ATTEMPTING THE TASK, AND WAS UNABLE TO WALK IN A STRAIGHT LINE. THE DEFENDANT ADDITIONALLY FAILED TO TURN IN A SERIES OF SMALL STEPS AS ORIGINALLY DIRECTED. TASK THREE, HORIZONTAL GAZE NYSTAGMUS. 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. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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 THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .193 AND .192. 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 7691-EBL8 WITH A MANDATORY COURT APPEARANCE ON 101410 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
