| Date of birth: | Sep 29, 1958 |
| Probable cause affidavit: | SUBMITTED BY: BRIGGS, RICHARD 0089 (AR 15-13429) (15-3402) 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 010815 AT APPROXIMATELY 2057 HOURS WHILE ON ROUTINE PATROL TRAVELING ON HIGHWAY 41 SOUTH IN THE AREA OF FLORAL PARK, I OBSERVED THE DEFENDANTâS VEHICLE TRAVELING NORTHBOUND WITH A PASSENGER HEADLIGHT OUT. I TURNED MY PATROL VEHICLE AROUND, ACTIVATED MY LIGHTS AND SIRENS AND CONDUCTED A TRAFFIC STOP. THE VEHICLE CAME TO A STOP IN THE AREA JUST NORTH OF FLORAL PARK. I MADE CONTACT WITH THE DEFENDANT AT HIS VEHICLE. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND HIS EYES WERE GLASSY. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE AT WHICH TIME HE PROVIDED HIS DRIVER'S LICENSE AND INSURANCE. HE HANDED ME A STACK OF PAPERS AND ADVISED THAT HIS REGISTRATION WAS ââSOMEWHERE IN THERE.ââ I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING AND HE STATED ââSHOULD I ANSWER OR SHOULD I NOT.ââ THE DEFENDANT AGAIN WAS ASKED HOW MUCH HE HAD TO DRINK TO WHICH HE ADVISED HE HAD A FEW BEERS. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE. THE DEFENDANT WAS UNSTEADY ON HIS FEET, NEARLY LOOSING HIS BALANCE AND HE USED HIS VEHICLE TO PROP HIMSELF UP. 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 ARTHRITIS BUT WOULD ATTEMPT THE TASK ANYWAY. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS 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 WAS TOLD APPROXIMATELY FOUR TIMES TO NOT MOVE HIS HEAD TO WHICH HE WOULD NOT COMPLY. HE WAS GIVEN ONE MORE OPPORTUNITY TO PERFORM THE TASK THEN COMPLIED. THE DEFENDANT THEN ADVISED HE DID NOT FEEL COMFORTABLE DOING THESES TASKS AND REFUSED TO CONTINUE. THE DEFENDANT WAS ONCE AGAIN ASKED TO PERFORM THE TASK TO WHICH HE REFUSED. HE STATED THAT IF HE WOULD DO THESE TASKS, THAT I WOULD STILL PUT HIM IN JAIL ANYWAY. 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS FRIEND, MR TOM ALTIER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 492949-X4 FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 012215 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A1BTFNP, FOR IMPROPER OR UNSAFE EQUIPMENT WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
| Inmate name: | MICHAEL WILLIAM HARNDEN |
| Arrest number: | 13429 |
| Arrest date: | Jan 8, 2015 |
| Arrest type: | Traffic |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - Alcohol, Drugs, or Chemical Impairment |
| Bond amount: | $1,000 |
