| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR10113398) OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A) AND 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) ON 021810, I RESPONDED TO ASSIST DEPUTY BEHNEN WHO WAS ATTEMPTING TO STOP A VEHICLE ON US HIGHWAY 41 IN THE CITY OF INVERNESS NEAR THE KENTUCKY FRIED CHICKEN (KFC) RESTAURANT. PRIOR TO MY ARRIVAL, DEPUTY BEHNEN ADVISED DISPATCH THE VEHICLE HAD FINALLY STOPPED. UPON ARRIVAL, I OBSERVED DEPUTY STANTON HAD ARRIVED AND DEPUTY BEHNEN WAS NEXT TO HIS PATROL VEHICLE HOLDING CANINE JERRY LEE. DEPUTY STANTON SECURED THE DRIVER/DEFENDANT, MR PAUL ANDREW LUFT. DEPUTY BEHNEN SECURED CANINE JERRY LEE AND SPOKE WITH THE PASSENGER/WITNESS. DEPUTY BEHNEN THEN SPOKE WITH THIS DEPUTY AND ADVISED HE HAD TURNED ON HIS EMERGENCY LIGHTS AND SIREN TO CONDUCT A TRAFFIC STOP ON THE VEHICLE AND THE VEHICLE ATTEMPTED TO ELUDE HIM, RUNNING SEVERAL STOP SIGNS. I APPROACHED THE DEFENDANT AND OBSERVED HIS EYES WERE GLASSY AND WATERY AND HIS PUPILS WERE DILATED. I BEGAN SPEAKING TO THE DEFENDANT ABOUT THE VEHICLE, AT WHICH TIME I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT THE DEFENDANT. I LEFT THE DEFENDANT WITH DEPUTY STANTON AND SET MY PATROL VEHICLE UP TO CONDUCT FIELD SOBRIETY TASKS. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM AND IF HE HAD HAD ANYTHING TO DRINK. THE DEFENDANT STATED HE WAS COMING FROM OCALA AND "a lot MORE THAN THE LEGAL LIMIT." 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 HE WAS TAKING WELBUTRIN FOR DEPRESSION. THE DEFENDANT ALSO STATED "IF YOU'RE GOING TO GIVE ME A FIELD SOBRIETY, I'M NOT GOING TO PASS IT." THE DEFENDANT ALSO STATED HIS MEDICATIONS MADE HIM CLUMSY AND ALSO CAUSED HIM TO HAVE PROBLEMS WITH MOMENTUM. THE DEFENDANT STATED HE HAD TAKEN A WELBUTRIN AT 1600 HOURS ON THIS DATE. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIS SPEECH TO BE SLURRED, THICK-TONGUED AND MUSH-MOUTHED. 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 DISTINCT NYSTAGMUS IN THE LEFT EYE, LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE AND DISTINCT NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT EYE. AS I EXPLAINED THE WALK AND TURN TASK, I OBSERVED THE DEFENDANT COULD NOT STAND WITH HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT AND HE STUMBLED AND STAGGERED. THE DEFENDANT STATED HE COULD NOT DO THE TASK. WHEN ASKED WHY, THE DEFENDANT STATED "BECAUSE I HAD MORE TO DRINK THAN THE LEGAL LIMIT." the DEFENDANT REFUSED TO PERFORM ANY FURTHER TASKS. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE, TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO THE INTOXILYZER OPERATOR, CORRECTIONS OFFICER MAZERALLE. CORRECTIONS OFFICER MAZERALLE PROVIDED ME WITH THE RESULTS OF THE BREATH TEST WHICH WERE .197 AND .190. THE DEFENDANT WAS CHARGED WITH FLEEING AND ATTEMPTING TO ELUDE A LAW ENFORCEMENT OFFICER AND DRIVING WHILE UNDER THE INFLUENCE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 2228-XBG5. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,500.00, PER THE BOND SCHEDULE. A DVD OF THIS INCIDENT WAS BURNED TO DISK AND LATER TURNED IN TO EVIDENCE ALONG WITH THE PROPERTY RECEIPT. *NOT-EXEMPT* |
