| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR 14-12952) (14-161862) 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 112614 I WAS REQUESTED BY DEPUTY SETTLES AT APPROXIMATELY 2256 HOURS TO RESPOND TO 6005 SOUTH GRAY OAK TERRACE, LECANTO IN REFERENCE TO A POSSIBLE DRIVING UNDER THE INFLUENCE. UPON ARRIVAL, I MET WITH DEPUTY SETTLES WHO ADVISED ME SHE WAS INVESTIGATING A VERBAL DISTURBANCE AND HER SUBJECT HAD LEFT THE AREA OF SOUTH GEORGIAN ROAD AND WAS FOLLOWED TO 6005 SOUTH GRAY OAK TERRACE WHERE THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR PATRICK ROUSE, WAS DETAINED. DEPUTY SETTLES ADVISED WHEN SHE ARRIVED, THE DEFENDANT WAS IN THE DRIVER SEAT, KEYS WERE IN THE IGNITION, AND THE ENGINE WAS RUNNING. DEPUTY SETTLES HAD THE DEFENDANT EXIT THE VEHICLE AND WHILE TURNING THE IGNITION OFF, SHE OBSERVED A HALF EMPTY TWELVE OUNCE BOTTLE OF BUSCH BEER IN THE CENTER CONSOLE IN EASY REACH OF THE DEFENDANT. SHE ALSO OBSERVED EIGHT EMPTY TWELVE OUNCE BOTTLES ON THE PASSENGER SIDE FLOOR BOARD. DEPUTY SETTLES FURTHER STATED THAT THE DEFENDANT HAD TROUBLE KEEPING HIS BALANCE AND HAD AN ODOR OF AN ALCOHOLIC BEVERAGE. I THEN APPROACHED THE DEFENDANT, WHO WAS STANDING ALONG SIDE HIS VEHICLE, AND UPON LOOKING THROUGH THE DRIVER SIDE WINDOW I OBSERVED THE HALF EMPTY BOTTLE OF BEER IN THE CENTER CONSOLE AND THE EIGHT EMPTY BOTTLES ON THE FLOORBOARD. THE DEFENDANT APPEARED TO BE UNEASY IN BALANCE AND HIS EYES WERE EXTREMELY BLOODSHOT AND GLASSY. I ALSO SMELLED AN ODOR OF ALCOHOL. I INFORMED THE DEFENDANT I BELIEVED HE HAD BEEN OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR. I INFORMED HIM OF THE FLORIDA IMPLIED CONSENT LAW REQUESTING HE SUBMIT TO ANY POSSIBLE FIELD SOBRIETY TEST AND A TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT OF HIS BLOOD. I ALSO READ THE DEFENDANT 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. HE ALSO AGREED TO THE ABOVE MENTIONED TASKS. I ATTEMPTED TO LOCATE A LEVEL, EVEN GROUND, FREE OF DEBRIS. HOWEVER, OUR LOCATION WAS SUGAR SAND AND UNEVEN GROUND. I DID PERFORM HORIZONTAL GAZE NYSTAGMUS WHICH INDICATED MODERATE DEVIATION WHEN THE DEFENDANT'S EYES TRACKED THE END OF MY PEN TO THE RIGHT AND TO THE LEFT. I ONCE AGAIN REQUESTED THE DEFENDANT TO TAKE A CHEMICAL BREATH TEST TO WHICH HE AGREED. AT THAT TIME, I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS PRESENTED TO DUI TESTING OPERATOR MCCAZZIO FOR TESTING. THE RESULTS OF THE CHEMICAL BREATH TEST INDICATED PER SAMPLE ONE 0.199 AND RESULTS FOR SAMPLE TWO .207. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4514XDX1 WITH A MANDATORY COURT APPEARANCE OF 122214 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9173-GJX-4, FOR OPEN CONTAINER WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. PRIOR TO LEAVING THE INCIDENT LOCATION, I MADE CONTACT WITH THE DEFENDANT'S FRONT SEAT PASSENGER AND COUSIN, MR SHAWN ROUSE WHO STATED THAT THE DEFENDANT HAS BEEN EXTREMELY UPSET OVER FAMILY MATTERS AND WAS NOT TRYING TO CAUSE ANY TROUBLE. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE MR SHAWN ROUSE AT THE DEFENDANT'S REQUEST. |
