| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (14-135137) (AR14-12208) 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 100114 AT APPROXIMATELY 1815 HOURS, DEPUTY DEARDEN WAS TRAVELING EASTBOUND ON ROSE AVENUE WHERE HE OBSERVED THE DEFENDANT TRAVELING EASTBOUND IN THE CENTER OF THE ROADWAY. WHILE OBSERVING THE DEFENDANT, HE WOULD SPEED UP AND SLOW DOWN. DEPUTY DEARDEN ACTIVATED HIS OVERHEAD LIGHTS AND SIRENS AND STOPPED THE DEFENDANT BEFORE HE COULD CAUSE A CRASH WITH OTHER VEHICLES. THE DEFENDANT MADE A LEFT HAND TURN ONTO BARBOUR STREET AND PULLED INTO THE DRIVEWAY OF 32 BARBOUR STREET. DEPUTY DEARDEN MADE CONTACT WITH THE DEFENDANT, MR MICHAEL KURTY, WHO HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. DEPUTY DEARDEN MADE CONTACT WITH THIS DEPUTY TO RESPOND. AT APPROXIMATELY 1839 HOURS, I ARRIVED ON SCENE AND MADE CONTACT WITH THE DEFENDANT AT HIS VEHICLE. THE DEFENDANT HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, RED GLASSY EYES AND SLURRED SPEECH. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING, TO WHICH HE ADVISED TWO BEERS. I HAD THE DEFENDANT WALK TO THE REAR OF HIS VEHICLE. 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. 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 HAVE VERTICAL GAZE NYSTAGMUS. DURING THIS TASK THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET, SWAYING FRONT TO BACK, MOVING HIS HEAD AND FINALLY COMPLIED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT TWO TIMES. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTEADY DURING THE INSTRUCTIONS AND HAD TO STEP TO HIS SIDE TO KEEP HIS BALANCE. DURING THE TASK THE DEFENDANT DID NOT TOUCH HEEL TO TOE AS INSTRUCTED, STEPPED OFF OF THE LINE APPROXIMATELY FIVE TIMES BEFORE COMPLETELY LOOSING HIS BALANCE. HE THEN CONTINUED, STILL NOT TOUCHING HEEL TO TOE, USING HIS ARMS TO KEEP HIS BALANCE AND NOT COUNTING OUT LOUD. THE DEFENDANT TOOK TEN STEPS INSTEAD OF NINE STEPS AS INSTRUCTED. ON THE TURN AROUND THE DEFENDANT STILL DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE AN ADDITIONAL FOUR TIMES, STILL UNABLE TO KEEP HIS BALANCE. HE CONTINUED NOT TOUCHING HEEL TO TOE, NOT COUNTING OUT LOUD AND USING HIS ARMS TO KEEP HIS BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HIS FOOT UP FOR THE COUNT OF ONE BEFORE PUTTING IT DOWN. HE THEN ATTEMPTED TO COMPLETE THE TASK AGAIN AND COUNTED TO FIVE BEFORE LOSING HIS BALANCE. THE DEFENDANT AGAIN ATTEMPTED THE TASK, HELD TO THE COUNT OF EIGHT, SWAYING BACK AND FORTH, AND HAD TO STEP TO KEEP FROM FALLING. TASK FOUR, ROMBERG ALPHABETICAL RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS SWAYING FROM SIDE TO SIDE, INCORRECTLY RECITED THE ALPHABET BY SAYING H R T U X Y Z. HE THEN AGAIN PERFORMED THE TASK RECITING H R T X Y U Z. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TUNED OVER TO ADVANCED TOWING. THE DEFENDANTâS DOG WAS TURNED OVER TO THE CITRUS COUNTY ANIMAL CONTROL TO BE HOUSED AT THEIR SHELTER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .257 AND .271. 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 492948-X1 WITH A MANDATORY COURT APPEARANCE OF 103014 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 388168B, FOR DRIVING ON THE WRONG SIDE OF THE ROAD, ISSUED BY DEPUTY DEARDEN. |
