| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (AR07004133) DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(B). 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, BEING THE THIRD VIOLATION WITHIN 10 YEARS OF A PRIOR CONVICTION IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(B). THE LAST CONVICTION DISPOSITION DATE WAS 01131998 REFERENCE DRIVING UNDER THE INFLUENCE (DUI). ON 072607 AT APPROXIMATELY 2220 HOURS, WHILE TRAVELING SOUTHBOUND ON N CARL G ROSE HIGHWAY JUST NORTH OF EAST LAKE PARK DRIVE, I OBSERVED A DARK COLOR TWO DOOR VEHICLE TRAVELING NORTHBOUND WITH NO BRAKE LIGHTS ON. I CONDUCTED A U-TURN IN ATTEMPT TO CATCH UP TO THE VEHICLE. WHILE CATCHING UP TO THE VEHICLE AND APPROACHING EAST WAGON TRAIL ON NORTH CARL G ROSE HIGHWAY I ACTIVATED MY OVERHEAD LIGHTS. AT THAT TIME THE VEHICLE CONDUCTED A WIDE LEFT TURN ONTO EAST WAGON TRAIL DRIVING OFF ONTO THE SHOULDER, ON THE CORNER OF THAT INTERSECTION ON THE RIGHT HAND SIDE AND CONTINUED ON THE ROAD DOWN TO NORTH CUSTER TERRACE. I THEN SOUNDED MY SIREN TO ALERT THE DRIVER TO PULL TO THE SIDE SEVERAL TIMES AND THE VEHICLE PROCEEDED ON, AND THEN STOPPED IN FRONT OF 4490 NORTH CUSTER TERRACE. AFTER THE VEHICLE WAS STOPPED, THE PASSENGER BEGAN EXITING THE VEHICLE ON THE FRONT PASSENGER SIDE WITH A CASE OF BEER. AT THAT TIME I INSTRUCTED HIM TO SIT BACK IN THE VEHICLE WHILE I MADE CONTACT WITH HIM AND THE DRIVER. UPON CONTACT WITH THE DRIVER/DEFENDANT, MR MONTE GARDINER, HE QUICKLY ADVISED ME THAT HE DID NOT HAVE A VALID FLORIDA DRIVER'S LICENSE. DURING THIS initial CONTACT I SMELLED AN ODOR EMANATING FROM THE VEHICLE OF AN ALCOHOLIC BEVERAGE. I THEN ASKED THE DRIVER/DEFENDANT IF HE HAD ANYTHING TO DRINK TONIGHT AND HE ADVISED, SEVERAL BEERS. I THEN ASKED the DRIVER ALONG WITH THE PASSENGER TO EXIT THE VEHICLE, WHERE THEY STOOD AT THE REAR OF THE VEHICLE. CANINE DEPUTY TOWNLEY ARRIVED ON SCENE AND SPOKE with THE PASSENGER WHILE I CONTINUED SPEAKING WITH THE DEFENDANT. I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE STATED that HE WOULD . 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 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE VERTICAL AND HORIZONTAL. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT BEGAN SEVERAL TIMES AFTER I REPEATEDLY ADVISED HIM NOT TO BEGIN THE TASK. THE DEFENDANT COULD ALSO NOT MAINTAIN THE STANDING POSITION THAT I INSTRUCTED HIM TO DO, AND LATER ADVISED HE COULD NOT DO THE TASK DUE TO BEING NERVOUS. I DID ADVISE THE DEFENDANT THAT I WOULD GIVE HIM TIME TO RELAX, AND TO LET ME know WHEN HE WAS READY TO DO THE TASK. THE DEFENDANT REPEATEDLY ADVISED that HE WAS TOO NERVOUS, AND COULD NOT DO THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED ME THAT HE HAD SURGERY ON HIS LEFT KNEE AND THAT HE WAS NOT SURE THAT HE COULD STAND ON HIS RIGHT LEG. I CONTINUED TO ASK the DEFENDANT IF HE COULD PERFORM THE TASK AND AFTER ADVISING SEVERAL TIMES THAT HE WAs NOT SURE IF HE COULD, HE ADVISED THAT HE COULD NOT PERFORM THE TASK DUE TO HIS KNEES BOTHERING HIM. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I EXPLAINED TO THE DEFENDANT TO HOLD OUT BOTH HANDS OUT TO HIS SIDES PARALLEL TO THE GROUND WITH HIS INDEX FINGERS POINTING OUT. I DEMONSTRATED TO THE DEFENDANT THAT AS I INSTRUCTED HIM TO MOVE EITHER HIS LEFT OR RIGHT INDEX FINGER, TO POINT STRAIGHT OUT TO ME FIRST, THEN TOUCH THE TIP OF HIS NOSE WITH THAT INDEX FINGER, THEN POINT OUT TO ME AGAIN with THE SAME INDEX FINGER AND RETURN AGAIN TO THE READY POSITION. THE DEFENDANT ADVISED THAT HE UNDERSTOOD THE DEMONSTRATION AND WAS READY TO CONDUCT THE TASK. I REQUESTED THE DEFENDANT TO BEGIN WITH HIS LEFT INDEX FINGER, AT WHICH TIME I OBSERVED HIM NOT POINTING DIRECTLY OUT TOWARD ME FIRST AS DIRECTED, AND OBSERVED THE DEFENDANT INSTEAD COME OVER THE TOP WITH HIS LEFT INDEX FINGER MISSING THE TIP OF HIS NOSE, THEN CORRECTING HIMSELF AND RETURNING TO THE READY position. THE DEFENDANT DID THE SAME MOVEMENT WITH HIS RIGHT INDEX FINGER. AT NO TIME DID THE DEFENDANT POINT DIRECTLY AT ME AS DEMONSTRATED AFTER POINTING TO HIS NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO READ MIRANDA VIA A MIRANDA CARD IN THE VEHICLE. THE DEFENDANT DID NOT GIVE A RESPONSE TO WHETHER HE UNDERSTOOD HIS RIGHTS OR WOULD CONTINUE TO SPEAK with ME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SEARCHED THEN LEFT WITH THE OWNER AT THE ADDRESS OF WHERE IT WAS STOPPED. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE REFUSED TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $5,000.00 BOND PER THE BOND SCHEDULE REFERENCE THIRD DRIVING UNDER THE INFLUENCE (DUI) OFFENSE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 6961EDO FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 080907 AT 1315 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9484EVX, FOR DWLSR. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING NUMBER 194122B FOR NO BRAKE LIGHTS. *NOT-EXEMPT* |
