Date of birth: | Sep 15, 1962 |
Probable cause affidavit: | SUBMITTED BY: CRIMA, GLEN FHP2371 (AR09109726) 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. CORPORAL PARNELL WAS TRAVELING NORTHBOUND ON US HIGHWAY 98 AND STATE ROAD 700 IN THE OUTSIDE LANE WHEN HE OBSERVED A VEHICLE TRAVELING SOUTHBOUND IN THE NORTHBOUND INSIDE LANE. HE MADE A U-TURN AND ACTIVATED HIS LIGHTS AND STOPPED THE VEHICLE IN THE MEDIAN AT OAK PARK BOULEVARD AND U S HIGHWAY 98. CORPORAL PARNELL CONTACTED THE COMMUNICATIONS CENTER WHERE THEY DISPATCHED MYSELF TO HIS LOCATION. UPON MY ARRIVAL I OBSERVED THE DEFENDANT, MR PAUL MOFFAT STANDING IN THE MEDIAN NEXT TO THE DRIVER'S SIDE OF HIS VEHICLE. AT THAT TIME I MADE CONTACT WITH MR MOFFAT WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE, AND WHO HAD A STRONG ODOR OF ALCOHOL COMING FROM HIS FACIAL AREA, WITH SLIGHTLY SLURRED SPEECH. I ADVISED MR MOFFAT THAT I WAS GOING TO CONDUCT A CRIMINAL INVESTIGATION. I ASKED MR MOFFAT TO SUBMIT TO SOME FIELD SOBRIETY EVALUATIONS TO WHICH HE AGREED. 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/HER 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 BEGAN TO PERFORM AND TOOK TWO STEPS AND SAID HE COULD NOT COMPLETE THE TASK. THE DEFENDANT WAS UNABLE TO FOLLOW THE DIRECTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT REFUSED TO PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FOLLOWED DIRECTIONS VERY POORLY AND WITH THE RIGHT HAND FINGER TO NOSE HE TOUCHED THE TOP BRIDGE OF HIS NOSE, THE RIGHT SIDE OF HIS NOSE AND THE TIP OF HIS NOSE WITH THE CENTER OF HIS INDEX FINGER. FOR THE LEFT SIDE ALL THREE ATTEMPTS WERE ON THE LOWER BRIDGE OF THE NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 DID NOT ANSWER THE REQUEST AND KEPT STATING HE DID NOT REFUSE ANYTHING . PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY JIM'S AUTO AND PAINT. 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 .192 AND .188. 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 NUMBER 8465-XAU WITH A MANDATORY COURT APPEARANCE ON 071609 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0196-SPR, FOR DRIVING ON THE WRONG SIDE OF ROADWAY IN THE WRONG DIRECTION, WITH A $151.00 FINE, PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Jun 28, 2009 |
Booking number: | 09109726 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $500 |