| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR08105798) 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(1) AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE (METHADONE), TO WIT: SYRINGES , IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 101608, I WAS DISPATCHED TO THE AREA OF STATE ROAD 44 EAST AND THE EAGLE'S CLUB IN REFERENCE TO A RECKLESS DRIVER. UPON ARRIVAL TO THE AREA THE DISPATCH SCREEN WAS UPDATED TO INDICATE THE VEHICLE, A RED MINI-VAN, WAS APPROACHING THE INTERSECTION OF STATE ROAD 44 AND STATE ROAD 41. AT THE TIME, I OBSERVED A RED MINI VAN APPROACHING ME AT A HIGH RATE OF SPEED, HOWEVER I WAS NOT ABLE TO OBTAIN THE SPEED ON RADAR. I THEN MADE A U-TURN AND BEGAN TO FOLLOW THE VEHICLE, WHICH WAS NOW BEGINNING TO TURN SOUTH BOUND ON TO STATE ROAD 41. AT THAT TIME, THE DISPATCH SCREEN WAS UPDATED TO INDICATE THAT THE COMPLAINANT HAD SEEN THE PATROL VEHICLE IN FRONT OF HIM. I THEN PACED THE MINI-VAN FROM THE INTERSECTION OF STATE ROAD 44 AND STATE ROAD 41 AND REACHED A SPEED OF 65 MILES PER HOUR (MPH) IN A 45 MPH ZONE. THE VEHICLE THEN MADE A RIGHT TURN ONTO EDEN DRIVE AND FAILED TO STOP PRIOR TO THE STOP BAR AT THE INTERSECTION OF EDEN DRIVE AND SOUTHERLY AVENUE. THE VEHICLE CONTINUED ON TO SOUTHERLY AND MADE A RIGHT TURN ONTO HEMLOCK STREET. I THEN ACTIVATED MY EMERGENCY LIGHTS AND THE VEHICLE STOPPED IN THE AREA OF HEMLOCK STREET AND PALM AVENUE. AT THAT TIME, I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR PAUL KING, AND REQUESTED HIS DRIVER'S LICENSE AND REGISTRATION. AS I WAS SPEAKING WITH THE DEFENDANT, HE ACTED EXTREMELY NERVOUS, HIS PUPILS WERE CONSTRICTED AND HE SPOKE IN AN EXTREMELY QUICK FASHION. AS I WAS SPEAKING TO THE DEFENDANT, HE REPEATED SEVERAL TIMES THE VEHICLE WAS NOT HIS AND HE ONLY LIVED A COUPLE OF BLOCKS AWAY. I ASKED THE DEFENDANT IF HE HAD ANY TYPE OF PHYSICAL INFIRMITIES THAT MAY EFFECT HIS DRIVING, TO WHICH HE REPLIED HE HAD ATTENTION DEFICIT DISORDER AND ADULT (ADD) AND ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD), WHICH CAUSED HIM TO DRIVE IRREGULARLY. WHEN ASKED IF HE HAD ANYTHING TO DRINK OR HAD TAKEN ANY PILLS, HE REPLIED HE HAD JUST LEFT THE METHADONE CLINIC IN OCALA, FLORIDA AND WAS BEGINNING TO FEEL THE EFFECTS OF THE METHADONE HE HAD TAKEN. THE DEFENDANT'S BEHAVIOR AND STATEMENTS RAISED MY SUSPICIONS HE MAY BE UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES. AT THAT TIME, I CONTACTED DEPUTY BAIRD VIA CELLULAR TELEPHONE AND REQUESTED HE PROCEED TO MY LOCATION. WHILE AWAITING THE ARRIVAL OF DEITY BAIRD, I MADE CONTACT WITH THE COMPLAINANT, WHO ADVISED HE HAD BEEN FOLLOWING THE DEFENDANT'S VEHICLE FROM THE AREA OF STATE ROAD 44 AND THE INTERSTATE AND DURING THAT TIME THE DEFENDANT'S VEHICLE WAS ALL OVER THE ROADWAY AND NEARLY STRUCK SEVERAL VEHICLES. UPON THE ARRIVAL OF DEPUTY BAIRD, I ASKED THE DEFENDANT TO EXIT THE VEHICLE. I INFORMED THE DEFENDANT I HAD CONCERNS FOR HIS ABILITY TO DRIVE AND ASKED HE SUBMIT TO ROADSIDE SOBRIETY TASKS, TO WHICH HE AGREED. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES, OTHER THAN WEARING CORRECTIVE LENSES. THE DEFENDANT'S GLASSES WERE REMOVED FOR THIS TASK. 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. THERE WAS ALSO NYSTAGMUS DURING VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK NINE STEPS ON THE FIRST ATTEMPT, FAILING TO TOUCH HEEL TO TOE ON THREE OF THE ATTEMPTS, TURNED INCORRECTLY, PROCEEDED BACK, FAILING TO TOUCH HEEL TO TOE ON APPROXIMATELY FIFTY PERCENT OF THE STEPS AND TOOK ELEVEN STEPS INSTEAD OF THE INSTRUCTED NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS RIGHT LEG APPROXIMATELY SIX INCHES OFF OF THE GROUND, COUNTED TO THE COUNT OF FIFTEEN AND REPLACED HIS FOOT. HE THEN ASKED IF HE COULD SWITCH LEGS, LIFTED HIS LEFT LEG APPROXIMATELY SIX INCHES OFF THE GROUND, COUNTED TO THE COUNT OF SIX AND REPLACED HIS FOOT ON THE GROUND. HE THEN IMMEDIATELY PICKED HIS RIGHT LEG UP APPROXIMATELY SIX INCHES OFF THE GROUND AND COUNTED TO THE COUNT OF FOUR AND PLACED HIS LEG BACK ON THE GROUND. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE ON THREE OCCASIONS AND FAILED TO RETURN HIS ARMS TO HIS SIDE AS INSTRUCTED ON TWO OCCASIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. A SEARCH OF THE DEFENDANT INCIDENT TO ARREST REVEALED A SYRINGE IN HIS RIGHT FRONT POCKET. THE DEFENDANT WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. DEPUTY BAIRD, WHO WAS STILL ON SCENE, BEGAN TO SEARCH THE INTERIOR OF THE VEHICLE AND LOCATED A BLACK BAG INSIDE THE PASSENGER COMPARTMENT. INSIDE THE BLACK BAG, WERE SEVERAL USED AND UNUSED SYRINGES, SEVERAL BOTTLES OF METHADONE, A BOTTLE OF A GREEN LIQUID AND A BOTTLE OF THE CLEAR LIQUID. ALSO LOCATED INSIDE THE BLACK BAG WAS AN OPEN BOTTLE OF SUPER GLUE. WHILE SEARCHING THE VEHICLE, DEPUTY BAIRD AND I NOTED A CHEMICAL SMELL COMING FROM INSIDE THE VEHICLE. I THEN MADE CONTACT WITH THE DEFENDANT WHO SITTING IN MY PATROL VEHICLE AND READ HIM HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT STATED HE UNDERSTOOD AND WOULD SPEAK WITH ME. THE DEFENDANT STATED HE IS A DRUG ABUSER AND THAT HE USES THE SYRINGES TO INJECT THE METHADONE IN TO HIS SYSTEM. HE ADDITIONALLY STATED THE BOTTLE CONTAINING THE CLEAR LIQUID WAS WATER AND THE BOTTLE CONTAINING THE GREEN LIQUID WAS ALCOHOL. CONTACT WAS MADE WITH DEPUTY COX, THE AGENCY DRUG RECOGNITION EXPERT, WHO WAS ADVISED OF THIS CASE. DEPUTY COX ADVISED HE WOULD MEET MET AT THE CITRUS COUNTY DETENTION FACILITY TO EVALUATE THE DEFENDANT. THE VEHICLE WAS TURNED OVER TO THE REGISTERED OWNER PER THE REGISTERED OWNER'S REQUEST WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANTS' DEMEANOR CHANGED FROM BEING EXTREMELY ACTIVE AND JITTERY TO BEING EXTREMELY TIRED AND DROWSY. THE DEFENDANT ADDITIONALLY STATED HE FELT HE WAS SEVERELY DEHYDRATED AND WAS SWEATING PROFUSELY. UPON ARRIVAL AT THE DETENTION FACILITY, CUSTODY OF THE DEFENDANT WAS TURNED OVER TO OFFICER WING OF THE CITRUS COUNTY DETENTION FACILITY, WHO REQUESTED THE DEFENDANT SUBMIT TO A LAWFUL TEST OF HIS BREATH, TO WHICH HE AGREED. THE DEFENDANT SUBSEQUENTLY SUBMITTED A SAMPLE OF .063 AND .062 ON THE SECOND SAMPLE. THE DEFENDANT WAS ALSO ASKED TO SUBMIT A URINE SAMPLE WHICH HE AGREED TO DO, HOWEVER, AFTER SEVERAL HOURS AND HAVING INGESTED SEVERAL GLASSES OF WATER, THE DEFENDANT COULD NOT PRODUCE A SPECIMEN. WHILE DEPUTY COX WAS CONDUCTING AN INTERVIEW WITH THE DEFENDANT THE DEFENDANT HAD TO RUN IN TO THE BATHROOM TO VOMIT. DEPUTY COX EVALUATED THE DEFENDANT AND WAS OF THE OPINION THE DEFENDANT WAS UNDER THE INFLUENCE OF ALCOHOL, METHADONE AND SUPER GLUE. THE DEFENDANT WAS ISSUED CITATION NUMBER, 4273-XDX, FOR DRIVING UNDER THE INFLUENCE AND CITATION NUMBER, 6691-FGW, FOR FAILURE TO STOP AT A STOP BAR. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER,234090B FOR UNLAWFUL SPEED. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
