| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR09108660) 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 041809 AT 0223 HOURS, I WAS IN THE MEDIAN OF NORTH CITRUS SPRINGS BOULEVARD AT ANSON PLACE, RUNNING STATIONARY RADAR. DURING THIS TIME, I OBSERVED A WHITE FORD PICKUP TRUCK TRAVELING WESTBOUND ON NORTH CITRUS SPRINGS BOULEVARD AT A SLOW SPEED ESTIMATED TO BE BETWEEN 20 MILES AND HOUR (MPH) AND 25 MPH. THE SPEED LIMIT IN THAT AREA WAS 35 MPH. I WATCHED AS THE VEHICLE STRADDLED THE NORTH BIKE LANE OF THE WESTBOUND LANE, DRIVING PAST ME WITH THE RIGHT TIRES ON THE GRASSY SHOULDER ON THE NORTH SIDE. I THEN FOLLOWED THE VEHICLE WESTBOUND AND OBSERVED THE VEHICLE DRIVE TO DELTONA BOULEVARD WITH THE TWO RIGHT TIRES DRIVING ON the GRASS. THE VEHICLE APPEARED TO BE TRAVELING USING THE BIKE LANE AS A TRAVEL LANE. AFTER THE VEHICLE CONTINUED WEST FROM DELTONA, I ACTIVATED MY LIGHTS AND STOPPED THE VEHICLE ON THE NORTH SIDE OF THE ROADWAY. I made CONTACT WITH THE DEFENDANT, NOW KNOWN TO ME AS MR MITCHELL WHITEHOUSE. I REQUESTED THE DEFENDANT PROVIDE ME WITH HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. I NOTICED THAT AS HE PULLED HIS DRIVER'S LICENSE FROM HIS WALLET, HE REFUSED TO MAKE EYE CONTACT WITH ME, STARING STRAIGHT AHEAD. THE DEFENDANT SUPPLIED ME WITH THE INFORMATION I REQUESTED AND AFTER DOING SO, I ASKED HIM WHERE HE WAS GOING. HE STATED HE WAS GOING HOME. WHEN ASKED WHERE HOME WAS, HE STATED ARCHER. I ASKED THE DEFENDANT WHERE IN ARCHER DID HE LIVE, TO WHICH HE REPLIED ONCE AGAIN, ARCHER. AFTER REMINDING THE DEFENDANT THAT HIS DRIVER'S LICENSE HAD A POST OFFICE BOX AS AN ADDRESS, I REQUESTED TO KNOW WHAT HIS PHYSICAL ADDRESS WAS IN ARCHER. IT WAS DIFFICULT FOR ME TO UNDERSTAND what THE DEFENDANT WAS SAYING; IT SOUNDED AS IF HE HAD A THICK TONGUE. WHEN ASKED IF HE KNEW WHERE HE WAS NOW, HE STATED HE WAS ON 39TH. AT THIS TIME, I SAW AN OPEN CONTAINER OF BUSH BEER IN THE CENTER CONSOLE OF THE VEHICLE. WHEN ASKED ABOUT THAT, HE STATED HE JUST WANTED TO GO HOME. AFTER CHECKING THE DEFENDANT'S DRIVER LICENSE STATUS, I RETURNED TO THE VEHICLE AND REQUESTED THE DEFENDANT SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE STATED HE JUST WANTED TO GO HOME. AS I SPOKE TO THE DEFENDANT, I WAS ABLE TO DETECT A STRONG ODOR OF A MALTED ALCOHOLIC BEVERAGE. WHEN I ASKED HIM IF HE HAD ANYTHING TO DRINK THIS EVENING, HE REPLIED BY SAYING HE WAS NOT SAYING ANYTHING AND THEN ASKED ME IF HE COULD JUST GO HOME. ONCE AGAIN I REQUESTED THE DEFENDANT SUBMIT TO THE SOBRIETY TASKS, EXPLAINING TO HIM THAT DUE TO HIS DRIVING PATTERN, THE ODOR OF ALCOHOL, AND THE OPEN BEER IN THE TRUCK, I NEEDED TO DETERMINE HIS CURRENT STATE OF SOBRIETY. ONCE I HAD MENTIONED THE OPEN BEER IN THE TRUCK, THE DEFENDANT STATED THAT IT WAS HIS CONTAINER. I ASKED HIM SEVERAL MORE TIMES IF HE WOULD CONSENT TO PERFORMING SOBRIETY TASKS AND HE STATED ONCE AGAIN "THAT WAS MY CONTAINER" AND WOULD NOT ANSWER ME ABOUT THE TASKS. AFTER CONVERSATION WITH THE DEFENDANT, STATING TO HIM THAT I COULD NOT ALLOW HIM TO DRIVE THE VEHICLE AWAY WITHOUT FIRST KNOWING HE WAS NOT IMPAIRED, I REQUESTED HIM TO TAKE SOBRIETY TASKS, TO WHICH HE STATED "NO," THAT HE DID NOT WANT TO GO TO JAIL TONIGHT. I TOLD THE DEFENDANT TO STEP TOWARD THE FRONT OF MY PATROL VEHICLE, TO WHICH HE REFUSED AND HE ASKED AGAIN IF HE COULD JUST GO HOME. THE DEFENDANT ARGUED ABOUT THE RELEVANCE OF THE SOBRIETY TASKS. THE DEFENDANT THEN DID STEP TO THE FRONT OF MY VEHICLE. I ASKED THE DEFENDANT IF HE WAS EMPLOYED AND HE STATED YES. I ASKED WHAT TYPE OF WORK HE DID AND HIS ANSWER WAS "UNIVERSITY OF FLORIDA." AFTER TELLING THE DEFENDANT THAT THE UNIVERSITY OF FLORIDA WAS A PLACE AND NOT A JOB, I ASKED HIM AGAIN WHAT HE DID, TO WHICH HE REPLIED "UNIVERSITY OF FLORIDA," PAUSED, THEN STATED "MECHANIC." THE DEFENDANT DID TELL ME HE WAS A HIGH SCHOOL GRADUATE, HAD NO CURRENT DISABILITIES AND WAS NOT TAKING ANY MEDICATIONS. 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. THE DEFENDANT THEN REFUSED ANY OTHER TASKS. I ASKED THE DEFENDANT ONCE MORE IF HE WOULD SUBMIT TO THE REST OF THE SOBRIETY TASKS AND HE STATED "NO." I THEN TOLD THE DEFENDANT TO TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK, TO WHICH HE STATED "I DID WHAT YOU WANTED ME TO DO, CAN I GO HOME?" THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) HE WAS HANDCUFFED (DOUBLE LOCKED BEHIND HIS BACK, SECURED IN the REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE PER THE DEFENDANT'S REQUEST. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8208-XBD, FOR DUI, WITH A MANDATORY COURT DATE OF 050709 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0547-RPA, FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A FINE OF $150.00, PAYABLE IN THIRTY DAYS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION UTC 0548-RPA, FOR POSSESSION OF AN OPEN CONTAINER OF ALCOHOLIC BEVERAGE BY A DRIVER, WITH A CIVIL INFRACTION AMOUNT OF $151.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. WHILE AT THE DETENTION FACILITY, THE DEFENDANT REFUSED ALL SOBRIETY TASKS AS WELL AS AN APPROVED TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT OF HIS BLOOD. IT WAS ALSO FOUND THAT THE DEFENDANT DID HAVE ONE PRIOR DUI WITHIN THE LAST TEN YEARS, OCCURRING ON 031800 IN ALACHUA COUNTY. THE DEFENDANT WAS CHARGED WITH DUI, SECOND OFFENCE, WITH BOND SET AT $1,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
