| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (AR16-19564) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT IN THE PARKING LOT RESULTING IN $500.00 OF DAMAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C); 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 052216, I RESPONDED TO 5370 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, IN REFERENCE TO A MOTOR VEHICLE ACCIDENT. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, MR MICHAEL BOWNE, WHO WAS DRIVER ONE IN THE ACCIDENT. I DETECTED THE ODOR OF ALCOHOL ON THE DEFENDANT'S BREATH IMMEDIATELY. THE DEFENDANT ALSO REPEATED HIMSELF SEVERAL TIMES DURING THE TRAFFIC CRASH INVESTIGATION. AFTER COMPLETING THE TRAFFIC CRASH INVESTIGATION, I RETURNED TO THE DEFENDANT, WHERE I OBSERVED HIM TO BE ON THE PHONE WITH AN UNKNOWN PERSON AND I OVERHEARD HIM STATE ''I'M NOT GOING TO BE HOME ON TIME BECAUSE I'M PROBABLY GOING TO JAIL''. I INFORMED THE DEFENDANT THAT I WAS NO LONGER INVESTIGATING A TRAFFIC CRASH AND THAT INVESTIGATION WAS COMPLETED; HOWEVER, I WOULD BE INVESTIGATING A DUI. I READ THE DEFENDANT HIS MIRANDA RIGHTS AND IMPLIED CONSENT AND HE UNDERSTOOD ALL OF HIS RIGHTS AND AGREED TO COMPLETE FIELD SOBRIETY EXERCISES. 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 DID NOT. THE DEFENDANT STATED THAT HE WAS BLIND IN HIS RIGHT EYE SO THE HORIZONTAL GAZE NYSTAGMUS TASK ONE WAS NOT PERFORMED DUE TO REASONS STATED ABOVE. I ASKED THE DEFENDANT IF HIS PARTIAL BLINDNESS INHIBITED HIS ABILITY TO WALK IN A STRAIGHT LINE OR CAUSED HIM TO BE OFF BALANCE, TO WHICH HE STATED NO, IT DOES NOT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONAL PORTION OF THIS TASK THE DEFENDANT LEFT THE POSITION AND MANNER HE WAS TOLD TO STAND SEVERAL TIMES, AS WELL AS LOST HIS BALANCE MULTIPLE TIMES. THE DEFENDANT THEN BEGAN PERFORMING THE TASK PRIOR TO BEING TOLD TO DO SO. DUE TO THE DEFENDANT'S LACK OF COMPETENCE TOWARDS THE INSTRUCTIONS GIVEN, I ASKED THE DEFENDANT IF HE FULLY UNDERSTOOD THE INSTRUCTIONS AND IF I NEEDED TO REPEAT THEM, TO WHICH HE RESPONDED, NO I COMPLETELY UNDERSTAND, STAND ON THIS LINE, TAKE NINE STEPS THAT WAY HEEL TO TOE, TURN AROUND AND TAKE NINE STEPS BACK. I INSTRUCTED THE DEFENDANT TO RETURN TO THE INSTRUCTIONAL POSITION AND I ADVISED THE DEFENDANT TO BEGIN THE TASK. DURING THIS PORTION OF THE TASK THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF THE 18 STEPS. THE DEFENDANT STEPPED OFF THE LINE ON STEPS 2, 5, 7, 8, 10, 11, 12 AND 13. THE DEFENDANT DID COMPLETE THE TURN AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONAL PORTION OF THIS TASK THE DEFENDANT FAILED TO REMAIN IN THE INSTRUCTIONAL POSITION BY CROSSING HIS ARMS AND SPREADING HIS FEET MULTIPLE TIMES. DURING THE EXERCISE PORTION OF THE TASK, THE DEFENDANT STARTED WITH HIS RIGHT FOOT, LIFTED IT INTO THE AIR AND THEN PLANTED IT IN FRONT OF HIS LEFT FOOT NEARLY IN A HEEL TO TOE POSITION AND BEGAN COUNTING ALOUD UNTIL THREE. AFTER THE DEFENDANT REACHED ONE THOUSAND THREE, HE UP RIGHTED HIMSELF RETURNED TO THE INSTRUCTIONAL POSITION AND RAISED HIS LEFT FOOT AND PLANTED IT IN THE SAME MANNER HE DID WITH HIS RIGHT FOOT AND BEGAN COUNTING TO THREE. THE DEFENDANT REPEATED THIS WITH HIS RIGHT FOOT; HOWEVER, I STOPPED THE DEFENDANT AND ASKED HIM IF HE FULLY UNDERSTOOD THE INSTRUCTIONS AND HE ADVISED THAT HE DID, HE WAS TO DO THIS WITH BOTH FEET. I INSTRUCTED THE DEFENDANT TO RETURN TO THE INSTRUCTIONAL POSITION AND REPEATED THE INSTRUCTIONS FOR THE EXERCISE. THE DEFENDANT WAS THEN INSTRUCTED TO BEGIN THE EXERCISE WHERE HE FAILED TO MAINTAIN HIS BALANCE NOT MAKING IT PAST ONE THOUSAND AND TWO. AFTER MULTIPLE ATTEMPTS, THE DEFENDANT WAS INSTRUCTED TO STOP THE EXERCISE AND WE MOVED ON TO THE NEXT. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONAL PORTION OF THIS TASK, THE DEFENDANT BEGAN PERFORMING THE EXERCISE AS I WAS DEMONSTRATING IT. I ASKED THE DEFENDANT IF HE FULLY UNDERSTOOD THE INSTRUCTIONS PRIOR TO BEING ASKED TO ATTEMPT THE EXERCISE AND ASKED IF I NEEDED TO REPEAT THEM, TO WHICH HE ADVISED THAT HE FULLY UNDERSTOOD THE INSTRUCTIONS. DURING THE FIRST ATTEMPT, WHEN INSTRUCTED FOR HIS RIGHT HAND THE DEFENDANT DID NOT TILT HIS HEAD OR CLOSE HIS EYES. THE DEFENDANT RAISED HIS RIGHT HAND OUT TO THE SIDE AS INSTRUCTED, TOUCHED HIS FINGER TO HIS UPPER LIP AND REMAINED IN THAT POSITION FOR APPROXIMATELY SIX SECONDS. DURING THAT TIME THE DEFENDANT REALIZED HIS ERROR, CLOSED HIS EYES AND TILTED HIS HEAD BUT REMAINED WITH HIS RIGHT INDEX FINGER ON HIS UPPER LIP. I ASKED THE DEFENDANT IF HE WAS SURE THAT HE FULLY UNDERSTOOD THE INSTRUCTIONS AND HE ADVISED ''THAT'S RIGHT, I AM SUPPOSED TO PUT MY HAND DOWN. THE INSTRUCTIONS WERE THEN REPEATED AND HE WAS ASKED IF HE WAS READY TO BEGIN THE EXERCISE AND HE ADVISED YES. HE CLOSED HIS EYES; HOWEVER, FAILED TO TILT HIS HEAD. THE DEFENDANT WAS ASKED TO RAISE HIS RIGHT HAND. HE TOUCHED HIS FINGER TO THE SIDE OF HIS NOSE AND AFTER SEVERAL SECONDS HE RETURNED HIS HAND TO HIS SIDE. THE DEFENDANT WAS ASKED TO RAISE HIS LEFT HAND AND HE TOUCHED HIS FINGER TO HIS UPPER LIP AND THEN TILTED HIS HEAD. THE DEFENDANT WAS ASKED TO RAISE HIS RIGHT HAND. HE THEN TOUCHED THE FINGER TO THE TIP OF HIS NOSE AS INSTRUCTED. HE WAS ASKED TO RAISE HIS RIGHT HAND AGAIN AND TOUCHED HIS FINGER TO HIS UPPER LIP. THE DEFENDANT WAS ASKED TO RAISE HIS LEFT HAND AND HE TOUCHED THE SIDE OF HIS NOSE. DURING THE ENTIRE EXERCISE THE DEFENDANT WAS SWAYING LEFT TO RIGHT. THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DUI WITH PROPERTY DAMAGE. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AT 1426 HOURS. THE JAIL WAS HAVING AN ISSUE WITH THE BREATHALYZER MACHINE AND IT HAD BE SWITCHED OUT WITH ANOTHER UNIT. THE NEW UNIT'S DIAGNOSIS CHECKED OUT AND THEIR PROCEDURES PROVIDED TWO BREATH SAMPLES. THE FIRST BREATH SAMPLE RESULT WAS 0.09 AT 1623 HOURS AND THE SECOND BREATH SAMPLE RESULT WAS 0.088 AT 1626 HOURS. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND AND DUI WITH PROPERTY DAMAGE WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT OF $2,000.00, PER THE BOND SCHEDULE. |
