| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09109145) 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) ON 051809 AT 2343 HOURS WHILE TRAVELING WESTBOUND ON STATE ROAD 44, I PASSED A VEHICLE WITH ITS LIGHTS ON WHICH WAS SITTING AT AN ANGLE ON THE NORTH SIDE SHOULDER. DUE TO TRAFFIC I HAD TO PASS THE VEHICLE. I TURNED AROUND AND CAME BACK TO THE VEHICLE AND STOPPED TO CHECK ON THE STATUS OF THE VEHICLE, THINKING IT WAS BROKEN DOWN. UPON MAKING CONTACT WITH THE VEHICLE, I OBSERVED THAT THE VEHICLE WAS RUNNING, THE LIGHTS AND BRAKES WERE ON AND THE VEHICLE WAS IN DRIVE. AS I APPROACHED THE VEHICLE, I OBSERVED THAT ALL THE WINDOWS WERE ROLLED DOWN AND IT WAS RAINING. I ALSO OBSERVED THAT THE VEHICLE WAS OCCUPIED BY ONE WHITE MALE SUBJECT WHO WAS SEATED BEHIND THE STEERING WHEEL WITH THE ENGINE RUNNING, HIS FOOT ON the BRAKE AND THE VEHICLE IN DRIVE. THE INDIVIDUAL BEHIND THE WHEEL WAS PASSED OUT; HIS HEAD WAS SLUMPED OVER AND HE WAS DROOLING. I REACHED INSIDE THE VEHICLE AND PLACED THE GEAR SHIFT IN TO PARK, AT WHICH TIME THE DRIVER AWOKE FROM HIS SLUMBER. THE DRIVER WAS CONFUSED AND DISORIENTED. ULTIMATELY, I WAS ABLE TO GET THE DRIVER TO ACKNOWLEDGE ME. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE. IN DOING SO I COULD SMELL AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM THE DRIVER. WHEN I GOT THE DRIVER TO THE BACK OF THE VEHICLE I ASKED HIM FOR HIS DRIVER'S LICENSE. WHILE SPEAKING TO THE DRIVER, HE ADVISED HE HAD HAD SOME DRINKS EARLIER BUT COULD NOT REMEMBER WHERE OR HOW LONG AGO. I ASKED THE DRIVER IF HE PARTICIPATE IN FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. I ASKED THE DRIVER/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 HE DID NOT. 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 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 WAS VERY UNSTEADY ON HIS FEET. HE RAISED HIS ARMS TO MAINTAIN HIS BALANCE, STEPPED OFF THE LINE, MISSED HEEL TO TOE ON EVERY STEP, REPEATEDLY LOST HIS BALANCE AND STARTED THE TASK PRIOR TO THE INSTRUCTIONS BEING GIVEN. HE ALSO WALKED TWELVE STEPS IN ONE DIRECTIONS AND ELEVEN STEPS IN THE OPPOSITE DIRECTION. AFTER CLARIFYING TWO TIMES WHILE PERFORMING THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK. AFTER TWO ATTEMPTS, HE PLACED HIS FOOT DOWN PRIOR TO THE COMPLETION OF THIS TASK. HE RAISED HIS ARMS TO MAINTAIN HIS BALANCE. AT THE COMPLETION OF THIS TASK, DUE TO THE INTOXICATION LEVEL OF THIS INDIVIDUAL, HE WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 2179-XBG, WITH A MANDATORY COURT APPEARANCE ON 060409 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
