| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11123183) 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 101611 AT APPROXIMATELY 0520 HOURS, DEPUTY MUTTER WAS FOLLOWING A VEHICLE SOUTH ON MUSTANG BOULEVARD IN THE AREA OF WEST BIRDS NEST DRIVE WHEN THE VEHICLE VEERED OFF THE ROAD. AT WHICH POINT, SHE PERFORMED A TRAFFIC STOP ON SAID VEHICLE BEARING FLORIDA TAG NUMBER AKI12. AT WHICH POINT, SHE MADE CONTACT WITH THE DRIVER IDENTIFIED THROUGH "DHSMV" AS THE DEFENDANT, MR MICHAEL POSSINGER. SHE ADVISED THAT MR POSSINGER APPEARED TO BE UNDER THE INFLUENCE POSSIBLY OF A CONTROLLED SUBSTANCE DUE TO HIS DEMEANOR, HIS SPEECH, HIS IRRATIONAL AND ERRATIC BEHAVIOR. AT THIS POINT, DEPUTY MUTTER CONTACTED THIS DEPUTY WHO RESPONDED TO THE SCENE. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, WHO HAD A PROBLEM WITH HIS BALANCE, WAS ACTING VERY ERRATIC, AND APPEARED TO BE VERY SLUGGISH WITH HIS REACTION TIME. THE DEFENDANT'S EYES APPEARED TO BE VERY HEAVY AS IF HE WAS HAVING A HARD TIME KEEPING THEM OPEN. HE ALSO HAD A HARD TIME CONCENTRATING ON ANY PARTICULAR TOPIC AT ONE TIME. 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. IT WAS DETERMINED PRIOR TO THE SOBRIETY TASKS THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF METHADONE. 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. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT STOPPED WALKING TO STEADY HIMSELF, LOST BALANCE SEVERAL TIMES, USED HIS ARMS FOR BALANCE AND COULD NOT PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, USED HIS ARMS FOR BALANCE, PUT HIS FOOT DOWN SEVERAL TIMES AND COULD NOT PERFORM TASK. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED OR HIS HEAD TILTED BACK, USED THE WRONG HAND, AND COULD NOT FOLLOW INSTRUCTIONS. TASK FIVE, RHOMBERG ALPHABET: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS ASKED WHAT GRADE HE HAD COMPLETED IN SCHOOL AND HE ADVISED THE TWELFTH GRADE. HE WAS ASKED IF HE KNEW HIS ALPHABET AND HE STATED HE DID. THE DEFENDANT RECITED THE ALPHABET AS IF SINGING IT AND HE HAD DIFFICULTY KEEPING HIS EYE CLOSED. BASED ON THE DEFENDANT'S LACK OF BALANCE OR COORDINATION THIS DEPUTY HAD DEPUTY LABORDA ASSIST ME WITH SOBRIETY TASKS. TO PREVENT THE DEFENDANT FROM FALLING AND INJURING HIMSELF. SHORTLY THEREAFTER, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS HANDCUFFED DOUBLE LOCKED AND WAS SEATED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS ADVISED OF MIRANDA WARNINGS VIA CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. HE WAS THEN ADVISED OF HIS IMPLIED CONSENT AND WAS ASKED TO PROVIDE A URINE SAMPLE, TO WHICH HE AGREED TO PROVIDE. SHORTLY THEREAFTER, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. WHILE EN ROUTE TO THE JAIL, THE DEFENDANT ADVISED THAT HE HAD BEEN TOLD NOT TO DRIVE WHILE UNDER THE INFLUENCE OF METHADONE BY SEVERAL INDIVIDUALS; HOWEVER, THE DEFENDANT'S COMMENTS AND CONVERSATIONS WERE EXTREMELY ERRATIC AND CONFLICTING BASED ON HIM BEING UNDER THE INFLUENCE OF METHADONE. UPON ARRIVAL AT THE JAIL, THE DEFENDANT WAS TURNED OVER TO CITRUS COUNTY DETENTION FACILITY STAFF FOR FURTHER PROCESSING. THE DEFENDANT PROVIDED THIS DEPUTY WITH A URINE SAMPLE, WHICH WILL BE PLACED IN TO EVIDENCE AND WILL BE SENT TO "FDLE" FOR TESTING. THE DEFENDANT WAS ISSUED DUI TRAFFIC CITATION NUMBER 8775-XBI9, WITH A MANDATORY COURT DATE OF 110311 AT 1300 HOURS. THE DEFENDANT'S VEHICLE WAS LATER TOWED BY ADVANCED TOWING AND THE DEFENDANT'S DOG, WHICH WAS IN HIS VEHICLE AT THE TIME OF THIS INCIDENT, WAS GIVEN TO ANIMAL CONTROL FOR SAFEKEEPING UNTIL HE CAN RETRIEVE HIS DOG. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
