| Probable cause affidavit: |
SUBMITTED BY: CRANE, RYAN (FWC) (AR16-20113) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, 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 Statute 327.35(1)(A). ON JULY 2ND AT APPROXIMATELY 1900 HRS I, OFC. RYAN CRANE OF THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) WAS ON WATER PATROL IN HALLS RIVER NEAR THE HALLS RIVER BRIDGE. THE CONDITIONS WERE CALM AND I WAS LOCATED IN A MANATEE IDLE SPEED ZONE WITH LIGHT BOATING TRAFFIC. I OBSERVED A PONTOON BOAT (FL4112MD) BEING OPERATED BY A WHITE MALE (MICHAEL HOWES FL DL# H200-545-57-331-0) HEADING UP RIVER TOWARDS NATURES RESORT. I OBSERVED TWO CHILDREN UNDER SIX IN THE VESSEL, ONE OF WHICH BEING TODDLER AGE, NOT WEARING LIFE JACKETS. I INITIATED A VESSEL STOP IN ORDER TO CHECK FOR THE APPROPRIATE LIFE JACKETS ON THE VESSEL. I MADE CONTACT WITH HOWES AND EXPLAINED TO HIM THE REASON FOR THE STOP AND ASKED HIM IF HE HAD LIFE JACKETS FOR THE CHILDREN. HE EXPLAINED TO ME THAT HE DID NOT HAVE THE PROPER LIFE JACKETS ON BOARD FOR THE TWO CHILDREN UNDER SIX. AT THIS POINT IN MY SAFETY INSPECTION, I ASKED HOWES TO PRODUCE LIFE JACKETS FOR THE ADULTS, FIRE EXTINGUISHER, TYPE IV THROW ABLE, SOUND PRODUCING DEVICE, AND THE VESSEL REGISTRATION. THERE WERE NUMEROUS EMPTY BEER BOTTLES AND LIQUOR BOTTLES STREWN ABOUT IN THE VESSEL AND ONE EXTREMELY INTOXICATED INDIVIDUAL WHO WAS PASSED OUT ON ONE OF THE BENCHES THAT HELD THE REMAINDER OF THE LIFE JACKETS. HOWES HAD DIFFICULTY REMEMBERING THE LIST OF SAFETY ITEMS I HAD ASKED FOR AND WAITED TO BE PROMPTED FOR THE REST OF THE GEAR. HOWES HAD DIFFICULTY WAKING THE PASSENGER THAT WAS PREVENTING HIM FROM RETRIEVING THE REMAINING LIFE JACKETS AND HOWES ADMITTED TO ME THAT EVERYONE ON THE VESSEL HAD BEEN DRINKING THAT DAY. I AGAIN ASKED FOR THE SOUND PRODUCING DEVICE AND THE VESSEL REGISTRATION WHICH HE COULD NOT FIND. THROUGHOUT THE SAFETY INSPECTION HOWES APPEARED TO BE CONFUSED WITH THE QUESTIONS OF WHAT SAFETY EQUIPMENT HE NEEDED AND DISPLAYED UNSTEADY BALANCE AND SLURRED SPEECH. BASED ON MY EXPERIENCE AND TRAINING I BELIEVED HOWES WAS OPERATING HIS VESSEL WHILE IMPAIRED. I REQUESTED IF HE WOULD CONSENT TO DO FIELD SOBRIETY TASKS IN ORDER TO DETERMINE IF HE COULD SAFELY OPERATE HIS VESSEL AND HE REPLIED âYESâ. \t \tI ASKED HOWES TO BE SEATED ON THE FRONT OF MY VESSEL AND ASKED HIM IF HE WAS IN A COMFORTABLE, STABLE, SEATED POSITION, TO WHICH HE REPLIED âYESâ. I ASKED HIM TO REMOVE HIS HAT AND SUNGLASSES AND HE DISPLAYED GLASSY, WATERY, BLOODSHOT EYES. AT THIS POINT I CONDUCTED THE FOLLOWING AFLOAT FIELD SOBRIETY TASKS. THE TASKS WERE READ ALOUD FROM PREPARED TEXT AND DEMONSTRATED FOR HOWES. I DOCUMENTED THE FOLLOWING INDICATORS OF IMPAIRMENT. HORIZONTAL GAZE NYSTAGMUS: I STRESSED TO HOWES HE NEEDED TO KEEP HIS HEAD STILL DURING THE TASK WHICH HE HAD DIFFICULTY DOING. I OBSERVED LACK OF SMOOTH PURSUIT IN BOTH THE RIGHT AND LEFT EYE. DISTINCT & SUSTAINED NYSTAGMUS AT MAX DEVIATION IN BOTH EYES. ONSET OF NYSTAGMUS AT 45 DEGREES IN BOTH EYES FINGER TO NOSE: STARTED AT THE WRONG TIME REPEATEDLY OPENED AND CLOSED EYES THROUGHOUT TASK REPEATEDLY MOVED HEAD DURING TASK. DID NOT AT ANY TIME TOUCH THE NOSE WITH THE TIP OF HIS FINGER, USED PAD OF FINGER 7 TIMES HESITATED TWICE. USED WRONG HAND TWICE, PUT HAND DOWN AND USED PROPER HAND ONCE. PALM PAT: STARTED AT THE WRONG TIME. HOWES DID SO POORLY ON THIS TASK HE DID NOT DO ANY CORRECT PALM PATS AND CHOPPED, ROLLED, OR DOUBLE PATTED ON EVERY COUNT. STOPPED BEFORE BEING TOLD. HAND COORDINATION: IMPROPER TOUCH, DID NOT MOVE FISTS AWAY FROM CHEST. IMPROPER TOUCH AND COUNT, DID NOT MOVE FISTS BACK TO CHEST. DID TASKS OUT OF SEQUENCE CONTRARY TO DIRECTIONS (DID HAND CLAP LAST). AT THIS POINT I INFORMED HOWES THAT I NEEDED TO COMPLETE TWO MORE TASKS THAT REQUIRED GOING ASHORE. I ASKED HOWES IF HE WOULD CONTINUE THE TASKS ASHORE. HOWES ADVISED HE WOULD COMPLETE THE TASKS. I HANDED HOWES A LIFE JACKET AND I NOTIFIED DISPATCH THAT WE WOULD PROCEED TO TRADE WINDS BOAT RAMP, OFC. LAIRD CANFIELD (FWC) FOLLOWED BEHIND IN HIS VESSEL. HOWEâS VESSEL WAS LEFT WITH OFC. MATT VAN NESS (FWC). WHILE ASHORE I FOUND A FLAT, LEVEL AREA OF THE PARKING LOT THAT HAD A PAINTED STRIPE WHERE HOWES COULD SAFELY PERFORM THE FOLLOWING TASKS. I ADVISED HOWES THAT THE NEXT TASKS WOULD BE THE WALK AND TURN AND ONE LEG STAND. I OBSERVED THE FOLLOWING INDICATORS OF IMPAIRMENT: WALK AND TURN: LOST BALANCE THREE TIMES DURING INSTRUCTIONS STARTED BEFORE BEING TOLD DID NOT TOUCH HEEL TO TOE FIVE TIMES STEPPED OFF LINE THREE TIMES USED ARMS TO BALANCE THROUGHOUT THE TASK ONE LEG STAND: SWAYS WHILE BALANCING USED ARMS TO BALANCE THROUGHOUT TASK STOPPED BEFORE BEING TOLD AT THE COUNT OF SIX AND PUT FOOT DOWN. AT THIS POINT AT APPROXIMATELY 1937HRS, BASED ON MY PROBABLE CAUSE, I ADVISED HOWES HE WAS UNDER ARREST FOR OPERATING A VESSEL WHILE IMPAIRED. HOWES WAS HANDCUFFED AND DOUBLE LOCKED. HOWES WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY A CITRUS COUNTY DEPUTY. UPON ARRIVAL TO CITRUS COUNTY DETENTION FACILITY, HOWES WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO AN APPROVED TEST OF HIS BREATH TO DETERMINE HIS BREATH ALCOHOL CONTENT. HOWES REFUSED TO GIVE A LAWFUL TEST OF HIS BREATH. |
