| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR12-729) THE DEFENDANT 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) ON 041312 AT APPROXIMATELY 0220 HOURS, I WAS DISPATCHED TO THE AREA OF SOUTH APOPKA AVENUE ANDS EAST HILL STREET IN INVERNESS IN REFERENCE TO A DRIVER WHO WAS PASSED OUT BEHIND THE WHEEL OF HIS VEHICLE. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY EMRICK WHO ADVISED HE HAD FOUND THE DEFENDANT, MR MICHAEL KALESNICK, UNCONSCIOUS BEHIND THE WHEEL OF HIS VEHICLE IN THE NORTHBOUND LANE OF SOUTH APOPKA AVENUE AT THE INTERSECTION OF WEST HILL STREET. DEPUTY EMRICK STATED THE VEHICLE HAD BEEN RUNNING, THAT THE VEHICLE WAS IN GEAR AND THAT THE DEFENDANTâS FOOT WAS ON THE BRAKE. I MADE CONTACT WITH THE DEFENDANT WHO WAS STANDING AT THE REAR OF HIS VEHICLE. I NOTICED A SMELL OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. HIS EYES WERE GLASSY AND BLOODSHOT AND HE APPEARED UNSTEADY ON HIS FEET. I ASKED THE DEFENDANT WHAT WAS GOING ON AND HE STATED HE DID NOT REMEMBER. I ASKED HIM IF HE REMEMBERED BEING UNCONSCIOUS BEHIND THE WHEEL OF HIS VEHICLE, TO WHICH HE STATED NO. HE STATED HIS FIRST MEMORY WAS SPEAKING TO DEPUTY EMRICK OUTSIDE HIS VEHICLE. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED HE WAS COMING FROM GRIFFâS BAR AND THAT HE WAS GOING HOME. THE DEFENDANT STATED HE HAD HAD APPROXIMATELY TWO TO THREE BEERS OVER AN APPROXIMATE FOUR HOUR TIME PERIOD. I ASKED THE DEFENDANT IF HE KNEW WHAT HIS CURRENT LOCATION WAS, TO WHICH HE STATED HE DID NOT. I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO PERFORM A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE SAFELY, TO WHICH HE STATED HE WOULD SUBMIT. 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 HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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 HAD TROUBLE MAINTAINING HIS BALANCE DURING THE INSTRUCTION PHASE AND HAD TO STEP OFF THE LINE TO MAINTAIN HIS BALANCE. THE DEFENDANT MISSED HEEL TO TOE ON STEP THREE, THEN STUMBLED AND STEPPED OFF THE LINE BETWEEN STEP THREE AND STEP FOUR. THE DEFENDANT STOPPED AT STEP NINE AND ASKED IF HE NEEDED TO TURN AROUND. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ALMOST FELL WHEN HE LIFTED HIS FOOT, PUT HIS FOOT DOWN ON COUNTS 18, 23, AND 28 AND WAS UNSTEADY THROUGHOUT THE TASK. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. UPON ARRIVAL AT THE DETENTION FACILITY AND WHILE IN THE SALLIE PORT, 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 HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN TURNED OVER TO THE INTOXILYZER OPERATOR WHO READ HIM HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .197 AND .185. 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 7216-XGA8, WITH A MANDATORY COURT APPEARANCE ON 050312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT ADVISED THAT HE WAS ON FELONY PROBATION FOR POSSESSION OF CONTROLLED SUBSTANCE WHICH WAS VERIFIED BY AN NCIC/FCIC HIT. THEREFORE, THE DEFENDANT WAS CHARGED WITH VIOLATION OF PROBATION AND HELD ON NO BOND. |
