| Probable cause affidavit: |
SUBMITTED BY: BOYER, JASON 0465 (AR09109421) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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 327.35(1) ON 060609, I WAS DISPATCHED TO MCCRAE'S BOAT RAMP IN HOMOSASSA IN REFERENCE TO ASSISTING DEPUTY LAUGHLIN WHO WAS ON SCENE WITH AN INTOXICATED BOATER. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY LAUGHLIN WHO ADVISED THAT WHILE STANDING IN FRONT OF THE MAIN DOCK AT MCCRAE'S BOAT RAMP, HE OBSERVED THE DEFENDANT OPERATING HIS 1988, EIGHTEEN FOOT CABIN BOAT SPEEDING THROUGH A NO WAKE ZONE AND DISTURBING OTHER BOATERS IN THE AREA. DEPUTY LAUGHLIN ADVISED THAT THE DEFENDANT WAS PERFORMING CIRCLES IN THE AREA AND AROUND OTHER BOATS, CAUSING OTHER BOATERS TO HAVE TO MOVE OUT OF THE WAY. FROM THE DOCK, DEPUTY LAUGHLIN SIGNALED THE DEFENDANT TO PULL IN TO THE DOCK. UPON DEPUTY LAUGHLIN MAKING CONTACT WITH THE DEFENDANT, HE DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH AND PERSON. DEPUTY LAUGHLIN REQUESTED THAT THE DEFENDANT PERFORM A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A VESSEL. SEE DEPUTY LAUGHLIN'S SUPPLEMENT FOR FURTHER INFORMATION. A SHORT TIME LATER, I MADE CONTACT WITH THE DEFENDANT, MR MICHAEL DAVID POWERS, AND WHILE SPEAKING WITH HIM I IMMEDIATELY DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. WITHOUT BEING ASKED, THE DEFENDANT STATED HE HAD HAD ONLY SIX BEERS TODAY. 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 HAD AN OLD INJURY TO HIS LEFT LEG. 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 USED HIS ARMS FOR BALANCE, HAD DIFFICULTY ON BOTH TURNS, LOST HIS BALANCE AND WAS UNABLE TO PERFORM THE TURN AS DEMONSTRATED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS RIGHT LEG DUE TO HIS LEFT LEG INJURY. THE DEFENDANT DID NOT LOOK AT HIS FOOT WHILE COUNTING, COUNTED AT AN EXTREMELY RAPID PACE, SKIPPING SEVERAL NUMBERS, AND USED HIS ARMS FOR BALANCE. THE DEFENDANT WAS PLACED UNDER ARREST FOR BOATING UNDER THE INFLUENCE. 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 BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VESSEL WAS TURNED OVER TO HIS FRIEND AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS TRANSPORTED TO THE DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .133 AND .133. THE DEFENDANT WAS CHARGED WITH BOATING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA BUI UNIFORM BOATING CITATION, CITATION NUMBER V-144625, WITH A MANDATORY COURT APPEARANCE ON 062509 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *not-exempt* |
