Date of birth: | Oct 9, 1950 |
Probable cause affidavit: | SUBMITTED BY: PAUL, MATT 0085 (AR08102618) 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; ON 040908, AT 0311 HOURS I RESPONDED TO THE WALGREENS IN HOMOSASSA IN REFERENCE TO A HIT AND RUN. I WAS ADVISED THAT IT WAS INVOLVING A RED DODGE PICKUP THAT STRUCK THE SIDE OF A BLUE MAZDA MIATA AND FLED THE SCENE. I WAS ADVISED VIA DISPATCH THAT THE PICK UP TRUCK WAS BEING FOLLOWED AND HAD LAST BEEN SEEN TURNING WEST ONTO FORT ISLAND TRAIL. DEPUTY HUGHES WAS THEN ABLE TO CONDUCT A VEHICLE STOP ON THAT VEHICLE DRIVEN BY THE DEFENDANT. I THEN CONDUCTED A VEHICLE TRAFFIC CRASH INVESTIGATION AND THE DEFENDANT WAS SLOW TO ANSWER THE QUESTIONS, AND WAS UNABLE TO TELL ME WHERE HE LIVED AND WHAT HIS TELEPHONE NUMBER WAS. AFTER THE TRAFFIC CRASH INVESTIGATION WAS COMPLETED, I ADVISED THE DEFENDANT THAT I WOULD NOW BE CONDUCTING A DRIVING WHILE UNDER THE INFLUENCE (DUI) INVESTIGATION DUE TO THE DEFENDANT'S DEMEANOR AND DUE TO THE FACT THAT I COULD DETECT A ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I REQUESTED THAT THE DEFENDANT SUBMIT TO SOBRIETY TASK IN ORDER FOR ME TO DETERMINE THE DEFENDANTS SOBRIETY AT WHICH TIME HE DID AGREE. I THEN ASKED THE DEFENDANT IF HE WAS TAKING ANY TYPE OF MEDICATION WHICH HE REPLIED PLAXIL. THE DEFENDANT ADVISED THAT WAS THE ONLY MEDICATION HE WAS TAKING. THE DEFENDANT ALSO ADVISED THAT HE HAD AN HIGH SCHOOL EDUCATION AND WHEN ASKED IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES THE DEFENDANT STOPPED AND STATED THAT HE HAD MANY ISSUES BUT WOULD NOT PROVIDE ME WITH ANY DIAGNOSIS OR BE SPECIFIC ABOUT ANY DISABILITY THAT HE HAD. IT WAS AT THAT TIME HOWEVER, THE DEFENDANT ADVISED THAT HE WOULD ATTEMPT THE TASK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. DURING THIS TASK, THE DEFENDANT CONTINUED TO MOVE HIS HEAD FROM LEFT AND RIGHT IN ORDER TO KEEP LOOKING AT THE STIMULUS. I EXPLAINED TO THE DEFENDANT EIGHT TIMES TO KEEP HIS HEAD STILL AND WATCH THE STIMULUS WITH HIS EYES ONLY. THE DEFENDANT STATED THAT HE DID NOT UNDERSTAND AND BECAME VERY FRUSTRATED. IT WAS AT THAT TIME, THE DEFENDANT PLEADED WITH ME TO TAKE HIM HOME. DURING TWO OF THE ATTEMPTS TO CHECK HIS NYSTAGMUS GAZE, THE DEFENDANT LOOKED STRAIGHT AND DID NOT LOOK AT THE STIMULUS. I WAS UNABLE TO CHECK FOR NYSTAGUMS GAZE TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THE TASK WHILE IT WAS BEING DEMONSTRATED TO HIM. THE DEFENDANT USED HIS ARMS FOR BALANCE AND REFUSED TO COUNT OUT LOUD. THE DEFENDANT ALSO CONTINUED TO STARE STRAIGHT AHEAD AND DID NOT STARE AT THE TIP OF HIS FOOT. THE DEFENDANT WAS THEN DEMONSTRATED THE TASK ONCE MORE AND ADVISED NOT TO ATTEMPT THE TASK UNTIL BEING TOLD TO DO SO. THE DEFENDANT AGAIN BEGAN THE TASK WHILE I WAS EXPLAINING IT TO HIM. THE DEFENDANT SWAYED BACK AND FORTH AND USED HIS ARMS FOR BALANCE AND PUT HIS FOOT DOWN NUMEROUS TIMES AND FAILED TO COUNT. THE DEFENDANT THEN ADVISED THAT HE COULD NOT COMPLETE THE TASK "REGULAR" THE DEFENDANT THEN ONCE AGAIN PLEADED WITH ME TO TAKE HIM HOME AND THEN FURTHER REFUSED TO COMPLETE ANY OTHER TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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. DURING A SEARCH INCIDENT TO ARREST OF THE DEFENDANTS VEHICLE A TWELVE PACK STILL COLD TO THE TOUCH OF MILLER HIGH LIFE 12 OUNCE CANS WAS FOUND BEHIND THE PASSENGER SIDE SEAT. THE TWELVE PACK WAS OPENED AND FOUR TWELVE OUNCE CANS WERE MISSING. ONE EMPTY OPEN CONTAINER WAS FOUND UNDER THE DRIVER'S SEAT. PRIOR TO LEAVING THE SCENE, I THEN MADE ARRANGEMENTS FOR DEPUTY HUGHES TO STAND BY WHILE ALL PRESTIGE TOWING RESPONDED TO THE VEHICLE LOCATION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .189 AND .209 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8194XBD WITH A MANDATORY COURT APPEARANCE ON 042408, AT 1300,HOURS AT THE CITRUS COUNTY COURTHOUSE. THIS CASE IS A DIRECT RESULT OF TRAFFIC CRASH NUMBER 8-072746 *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Apr 9, 2008 |
Booking number: | 08102618 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $500 |