| Probable cause affidavit: |
SUBMITTED BY: REEVES, CHRISTOPHER 0663 (AR09108267) 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 032109 AT APPROXIMATELY 0033 HOURS, I WAS DISPATCHED TO MCKINLEY STREET AND HIGHWAY 19, IN HOMOSASSA, IN REFERENCE TO ASSISTING DEPUTY DAVIS WITH A TRAFFIC STOP. UPON ARRIVAL, I MET WITH DEPUTY DAVIS, WHO ADVISED ME THAT THE REASON HE HAD PULLED THE VEHICLE OVER WAS DUE TO THE VEHICLE'S TAILLIGHTS BEING INOPERABLE. DEPUTY DAVIS ADVISED THAT HE ALSO OBSERVED A STRONG ODOR OF ALCOHOL EMANATING FROM the DEFENDANT, MR NICHOLAS BURNS. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER OF THE VEHICLE. AT THAT TIME I DID OBSERVE AN EXTREMELY STRONG ODOR OF ALCOHOL EMANATING FROM THE DEFENDANT'S VEHICLE AND BREATH. I THEN ASKED THE DEFENDANT HOW MANY DRINKS HE HAD, TO WHICH HE ADVISED, "NOT TOO MANY AT LEAST FIVE." I ASKED THE DEFENDANT WHAT HE HAD TO DRINK, AND HE COULD NOT ADVISE. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE, AT WHICH TIME I ASKED HIM IF HE WOULD LIKE TO PERFORM SOME FIELD SOBRIETY TASKS, TO WHICH HE REPLIED THAT HE WOULD. UPON EXITING THE VEHICLE, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE AND ALMOST FELL APPROXIMATELY THREE TIMES WHILE WALKING BACK TO MY PATROL VEHICLE. 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 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW DIRECTIONS, AS I ASKED HIM TO STAND WITH HIS FEET TOGETHER and TO KEEP HIS ARMS TO HIS SIDE. THE DEFENDANT WAS NOT ABLE TO MAINTAIN HIS BALANCE. UPON BEING INSTRUCTED TO BEGIN THIS TASK, THE DEFENDANT TOOK TWO STEPS BOTH BEING OFF THE LINE AND NEITHER TOUCHING HEEL TO TOE. THE DEFENDANT NEARLY FEEL, AT WHICH TIME I GRABBED THE DEFENDANT IN ORDER TO PREVENT HIM FROM FALLING AND INJURING HIMSELF. WHEN ASKED TO PERFORM THIS TASK AGAIN, THE DEFENDANT WAS UNABLE TO KEEP HIS FEET HEEL TO TOE AND TOOK TWO STEPS, BOTH STEPS NOT ON THE LINE, AND NEITHER STEP BEING HEEL TO TOE. AT THAT TIME, THE DEFENDANT ALMOST FELL AGAIN. AT THAT TIME, DUE TO BEING CONCERNED FOR THE DEFENDANT'S SAFETY, I WOULD NOT ASK THE DEFENDANT TO PERFORM ANYMORE FILED SOBRIETY TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE. HOWEVER DUE TO SEVERAL OF THE WINDOWS AND DOOR LATCHES BEING BROKEN, THE VEHICLE WAS UNABLE TO BE SECURED. 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 .191 AND .183. 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 9831-XCO WITH A MANDATORY COURT APPEARANCE ON 040909 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING NUMBER 232048B, FOR HAVING INOPERABLE TAILLIGHTS. *NOT-EXEMPT* |
