| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11121620) 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 WITH PROPERTY DAMAGE, IN VIOLATION OF FLORIDA'S STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062 IN VIOLATION OF FLORIDA'S STATE STATUTE 316.061(1). ON 070611 AT APPROXIMATELY 2139 HOURS I WAS DISPATCHED TO A REPORT OF A TRAFFIC CRASH LOCATED AT NORTH CITRUS AVENUE AND US HIGHWAY 19 IN THE CITY OF CRYSTAL RIVER. DISPATCH ADVISED THERE WAS A REPORT OF THE SAME TWO VEHICLES LOCATED NEAR BIG LOTS WHICH WAS AT 146 SOUTHEAST HIGHWAY 19 IN CRYSTAL RIVER. DISPATCH ALSO ADVISED THAT ONE OF THE SUBJECTS HAD POSSIBLY FLED THE SCENE AND WAS LAST SEEN RUNNING TO THE REAR OF MR KING'S LOCATED AT 471 NORTHEAST 1ST STREET. HE WAS DESCRIBED AS A WHITE MALE WEARING TAN SHORTS AND A LIGHT COLORED SHIRT IN HIS LATE 20'S TO EARLY 30'S. ONCE I ARRIVED, I WAS ADVISED THAT DEPUTY PHILLIPS WAS OUT WITH ONE OF THE SUBJECTS INVOLVED IN THE INCIDENT BEHIND MR KING'S AND THAT HE WAS BRINGING THE SUBJECT BACK TO THE LOCATION WHERE THE VEHICLE WAS. I OBSERVED A 2003 WHITE ACURA BEARING FLORIDA LICENSE PLATE 797VXZ WITH FRONT END DAMAGE, BOTH FRONT TIRES FLAT AND BOTH THE DRIVER'S AND PASSENGER'S SIDE AIRBAGS DEPLOYED. I MADE CONTACT WITH THE SECOND DRIVER INVOLVED IN THE TRAFFIC ACCIDENT IDENTIFIED AS MR CHRISTOPHER CALES, WHO STATED THAT THE DRIVER OF THE WHITE ACURA HAD REAR ENDED HIM WHILE HE WAS AT NORTH CITRUS AVENUE AND HIGHWAY 19 FACING SOUTH. MR CALES STATED AFTER HE WAS REAR ENDED, THE DRIVER OF THE ACURA HAD BACKED UP AND FLED THE SCENE SOUTHBOUND ON US HIGHWAY 19. MR CALES THEN FOLLOWED THE SUBJECT TO THE PARKING LOT OF BIG LOTS LOCATED AT 146 SOUTHEAST HIGHWAY 19 WHERE THE DRIVER OF THE ACURA WAS DRIVING RECKLESSLY, TRAVELING OVER CURBS AND PARKING BUMPERS, TRAVELING IN A NORTHWEST DIRECTIONS TOWARDS NORTHEAST 1ST STREET, THEN TRAVELED OVER THE CEMENT BARRIERS THAT BORDER THE GRASS IN THE PARKING LOT AND CAME TO REST IN THE MIDDLE OF THE ROADWAY LOCATED AT NORTHEAST 1ST STREET. THE DRIVER OF THIS VEHICLE THEN TOOK FLIGHT ON FOOT AND RAN BEHIND MR KING'S LOCATE AT 146 SOUTHEAST HIGHWAY 19 WHERE MR CALES CHASED HIM AND WAITED UNTIL DEPUTY PHILLIPS LOCATED HIM. I THEN MADE CONTACT WITH DRIVER OF THE WHITE ACURA, LATER IDENTIFIED AS THE DEFENDANT, MR NATHANIEL PRESTIDGE, WHO ADMITTED TO REAR ENDING THE OTHER VEHICLE AND ADMITTED TO LEAVING THE SCENE BECAUSE HE WAS SCARED. WHILE SPEAKING WITH HIM, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS EYES WERE GLASSY AND BLOODSHOT, SLURRED SPEECH AND HE HAD A HARD TIME STANDING UP AND ON SEVERAL OCCASIONS ALMOST FELL. MR CHRISTOPHER CALES STATED THAT HIS WIFE AND TWO CHILDREN WERE ALSO IN THE VEHICLE WITH HIM BUT WERE UNINJURED. HE STATED THAT HE HAD APPROXIMATELY $500.00 WORTH OF DAMAGE TO HIS REAR BUMPER. DAMAGE TO THE OTHER VEHICLE WAS ESTIMATED AT APPROXIMATELY $2,500.00. I DID MAKE CONTACT WITH SEVERAL WITNESSES WHO PROVIDED SWORN WRITTEN STATEMENTS WHICH WILL BE TURNED IN TO RECORDS. REFER TO TRAFFIC CRASH REPORT HSMV NUMBER 81884240. AFTER MY TRAFFIC ACCIDENT INVESTIGATION WAS COMPLETE, I INFORMED MR NATHANIEL PRESTIDGE THAT I WAS SWITCHING MY INVESTIGATION FROM A TRAFFIC CRASH TO A DRIVING UNDER THE INFLUENCE INVESTIGATION. I THEN READ THE SUSPECT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I TOLD HIM THAT I COULD SMELL AN UNKNOWN ALCOHOLIC BEVERAGE ON HIS BREATH. I ASKED HIM HOW MANY BEERS HE HAD, TO WHICH HE STATED TWO TO THREE. WHILE CHECKING HIS VEHICLE THERE WERE THREE 12 OZ CANS OF MILLER HIGH LIFE BEERS ON THE PASSENGER'S FLOORBOARD WHICH WERE COLD TO THE TOUCH AND UNOPENED. I ASKED MR PRESTIDGE WHERE HE WAS GOING TO WHICH HE STATED TO HIS HOUSE, BUT COULD NOT TELL ME WHERE HE WAS COMING FROM. 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 GOUT. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT COMPLETE THIS TASK AS HE STATED THAT HIS FEET WERE HURTING AND HIS GOUT WAS ACTING UP. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT ON OPENING HIS EYES, WAS UNABLE TO POINT TO HIS NOSE. ON THE FIRST ATTEMPT HE ATTEMPTED TO PLACE HIS LEFT INDEX FINGER TO HIS NOSE, BUT WAS UNABLE TO AND FAILED TO COMPLETE THE TASK COMPLETE, WAS SWAYING BACK AND FORTH. STATED "I DON'T KNOW" AND STOPPED THE TASK. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS CORRECTLY BY PLACING HIS LEFT FOOT ON THE LINE THAT WAS A FLAT SURFACE AND PLACING HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT AND TAKING NINE HEEL TO TOE STEPS FORWARD AND NINE STEPS HEEL TO TOE BACK. THE DEFENDANT FAILED TO COMPLETE THE TASK. THE SUSPECT WAS UNABLE TO COMPLETE THE TASK AS HE SAID HIS GOUT WAS THE ISSUE. TASK FIVE, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COMPLETED THE TASK CORRECTLY, WAS ABLE TO RECITE HIS ALPHABET, AND HAD SLURRED SPEECH AND SWAYED BACK AND FORTH. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 TOWED BY GREG'S CAR CARE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .118 AND .118. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE CAUSING AN ACCIDENT WITH PROPERTY DAMAGE AND LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE WITH A TOTAL BOND OF $750.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE CITATION NUMBER 7259XGA8 WITH A MANDATORY COURT APPEARANCE ON 072111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8794ROZ7, FOR LEAVING THE SCENE OF A TRAFFIC ACCIDENT WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE ON 072111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION NUMBER 8793ROZ6 FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
