| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID FHP2740 (AR09111960) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUE 322.34(2)(B) THE DEFENDANT WAS TRAVELING SOUTH BOUND ON US HIGHWAY 19 IN A 1994 WHITE IN COLOR, BUICK FOUR DOOR VEHICLE, BEARING FLORIDA TAG HERNEL. I COULD SEE THROUGH THE UN TINTED REAR WINDOW THAT HE WAS NOT WEARING A SEATBELT. I SIGNALED THE DEFENDANT OVER FOR THE VIOLATION AND UPON SPEAKING WITH HIM HE STATED HE HAD NO PARTICULAR REASON FOR NOT WEARING IT. I REQUESTED HIS DRIVER'S LICENSE AND AT THAT TIME HE STATED I COULD TAKE HIM TO JAIL IF I WANTED TO BECAUSE HE KNOWS HE IS DRUNK AND HIS LICENSE HAS BEEN REVOKED FOR DRIVING UNDER THE INFLUENCE. I COULD SMELL A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH, AND HIS SPEECH WAS SOMEWHAT MUMBLED. THE DEFENDANT GAVE ME A FLORIDA IDENTIFICATION CARD, WHICH I RAN THROUGH THE DEPARTMENT OF MOTOR VEHICLES AND D.A.V.I.D WHICH SHOWED THAT THE DEFENDANT HAD MULTIPLE SUSPENSIONS AND RAMIFICATIONS FOR DUI, AND FAILING TO PAY FINES. AT THAT TIME I RETURNED TO THE DEFENDANT AND REQUESTED HE PERFORM SOME FIELD SOBRIETY TASKS TO WHICH HE COMPLIED. THE DEFENDANT WALKED OVER TO THE LEVEL CONCRETE SURFACE BY THE GAS PUMPS AND WHILE DOING SO WAS VERY UNSTEADY ON HIS FEET. THE DEFENDANT IS BLIND IN HIS RIGHT EYE BUT STATED HE SEES VERY WELL WITH OUT CORRECTIVE LENSES IN HIS LEFT EYE. THE DEFENDANT HAS HAD NO OPERATIONS TO HIS KNEES OR OTHER APPENDAGES WHICH COULD CAUSE UNSTEADINESS, HOWEVER HE DID STATE HE RECENTLY INJURED HIS LEFT ANKLE. 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 THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS LEFT EYE. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN THE LEFT. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN THE LEFT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED ARMS FOR BALANCE OVER SIX INCHES, FAILED TO WALK HEEL TO TOE LEAVING SEVERAL INCHES BETWEEN EACH, STEPPED OFF THE LINE THROUGHOUT THE EXERCISE, UPON TURNING AROUND ON COUNT NINE THE DEFENDANT ALMOST FELL OVER. AT WHICH TIME THE TASK WAS ENDED FOR THE DEFENDANT'S SAFETY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, THE DEFENDANT RAISED HIS LEFT FOOT USING HIS RIGHT FOOT WHICH WAS UNINJURED FOR SUPPORT. THE DEFENDANT RAISED ARMS FOR BALANCE OVER SIX INCHES AND NEARLY FELL OVER IMMEDIATELY UPON RAISING HIS FOOT. AT WHICH TIME THIS TASK WAS ENDED FOR SAFETY REASONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED), PLACED IN THE RIGHT REAR SEAT OF MY PATROL VEHICLE, AND SEAT BELTED. AT THAT TIME I SAT DOWN IN MY VEHICLE AND RAN A LICENSE PLATE CHECK ON THE VEHICLE. THE DEFENDANT COULD SEE ME DOING SO ON MY COMPUTER AND HE MADE A SPONTANEOUS STATEMENT TO ME THAT THE TAG IS NOT ASSIGNED TO THE VEHICLE BUT IS ACTUALLY ASSIGNED TO A FORD PICKUP TRUCK OWNED BY HIS WIFE. THE DEFENDANT WENT ON TO SAY THAT HE JUST PURCHASED THE BUICK; THAT IS NOT YET REGISTERED IN HIS NAME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND TOWED BY GREG'S CAR CARE. THE DEFENDANT WAS ISSUED CITATIONS FOR NOT WEARING SEATBELT, DWLS/R, ATTACHING TAG UNASSIGNED, NO INSURANCE, AND OPERATING AN UNREGISTERED VEHICLE, THE DEFENDANT WAS ALSO ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED/REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .083, .085 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE, AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH A $10,000.00 BOND PER THE BOND SCHEDULE. . *NOT-EXEMPT* |
