| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR1869) THE DEFENDANT, MR OSVALDO LEWIS RODRIGUEZ, 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(1)(B). THE DEFENDANT, MR OSVALDO LEWIS RODRIGUEZ, 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 STATUTE 322.34(2)(A). ON 070712, DEPUTY PRICE (0411) WAS RUNNING TRAFFIC ON HIGHWAY 486, IN THE AREA OF THATCHER. HE OBSERVED A WHITE DODGE CHARGER, TRAVELING EASTBOUND AT THAT LOCATION. HE VISUALIZED ESTIMATE SPEED TO BE 60MPH. HE THEN ACTIVATED HIS RADAR UNIT AND CONFIRMED THE SPEED AS 60 MPH IN A 45 MPH ZONE DEPUTY PRICE THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE. THE VEHICLE TURNED INTO THE PARKING LOT A DOLLAR GENERAL LOCATED AT 486/WEST NORVELL BRYANT HIGHWAY AND TRUCKS AVENUE. DEPUTY PRICE THEN MADE CONTACT WITH THE DEFENDANT/DRIVER, LATER IDENTIFIED AS MR OSVALDO LEWIS RODRIGUEZ. THE DEFENDANT EXPLAINED TO DEPUTY PRICE THAT HIS LICENSE WAS NOT VALID, AND HAD NOT BEEN VALID FOR A WHILE. DEPUTY PRICE COULD SMALL AN ODOR OF ALCOHOLIC BEVERAGE TO BE EMANATING FROM THE DEFENDANT’S BREATH. AT THAT TIME, DEPUTY PRICE CONTACTED THIS DEPUTY, WHO THEN RESPONDED TO THE SCENE, AND MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT HAD GLASSY, BLOODSHOT EYES, AND APPEARED TO BE UNDER THE INFLUENCE OF ALCOHOL. THIS DEPUTY AT THAT TIME DID NOT SMELL ALCOHOL ON THE BREATH OF THE DEFENDANT, DUE TO A CROSS BREEZE GOING THROUGH THE PARKING LOT. A SHORT TIME LATER, I ASKED THE DEFENDANT TO EXIT HIS VEHICLE, AND WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. THE DEFENDANT ADVISED THAT HIS LICENSE WAS IN FACT SUSPENDED, AND HAD BEEN FOR A WHILE. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT DID ADVISE THAT HE HAD AN ISSUE WITH HIS ANKLE. I ADVISED HIM THAT I WOULD TAKE THIS INTO ACCOUNT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, DID NOT COUNT ALOUD, USED HIS ARMS FOR BALANCE, TOOK AN INCORRECT NUMBER OF STEPS, AND LOST HIS BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, SWAYED WHILE BALANCING, PUT HIS FOOT DOWN, AND WAS UNABLE TO COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED HIS NOSE SEVERAL TIMES, USED HIS WRONG HAND, FAILED TO RETURN HIS HAND TO SIDE SEVERAL TIMES, AND WAS UNABLE TO FOLLOW INSTRUCTIONS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED, DOUBLE LOCKED, AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD WHILE IN THE REAR OF MY PATROL VEHICLE. HE ADVISED THAT HE DID UNDERSTAND HIS RIGHTS AND WISHED TO CONTINUE SPEAKING WITH ME. 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 LEFT ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .086, AND .085. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, AS WELL AS ONE COUNT OF KNOWINGLY DRIVING ON A SUSPENDED LICENSE, WITH BOND SET AT A TOTAL OF $650.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7139XGA1, WITH A MANDATORY COURT APPEARANCE OF 072612 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 7222WLQ9, FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH A COURT DATE OF 072612 AT 1300 HOURS. DEPUTY PRICE ALSO ISSUED THE DEFENDANT SHERIFF’S OFFICE TRAFFIC WARNING NUMBER 354684B. |
