| Probable cause affidavit: |
SUBMITTED BY: TITUS, JOSHUA 1243 (AR14-10902) 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; ON 062314 AT APPROXIMATELY 2130 HOURS, WHILE TRAVELING SOUTH BOUND ON NORTH FLORIDA AVENUE, I OBSERVED A BLACK TRUCK TRAVELING NORTH BOUND TO HAVE A HEADLIGHT OUT AND WAS ALSO TRAVELING 47 MILES PER HOUR IN A 35 MPH ZONE. AT THAT TI ME, I TURNED AROUND TO CONDUCT A TRAFFIC STOP ON THE VEHICLE. PACED THE VEHICLE DOING 62 MPH IN A 45 MPH ZONE AND OBSERVED THE VEHICLE TO BE SWERVING CAUSING THE TIRES TO MAKE CONTACT WITH THE WHITE FOG LINE AND YELLOW CENTER LINE. AT THAT TIME, I INITIATED MY OVERHEAD LIGHTS AND PERFORMED A TRAFFIC STOP. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR PAUL ROBINSON, WHERE I IMMEDIATELY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE COMING FROM HIS PERSON. HE ALSO HAD SLURRED SPEECH AND BLOODSHOT GLASSY EYES. I ASKED HIM FOR HIS DRIVER'S LICENSE AND REGISTRATION WHICH HE PROVIDED. I THEN ASKED IF HE HAD BEEN DRINKING AND HE STATED HE JUST LEFT A BAR BUT WAS NOT DRUNK. HE THEN STATED THAT HE HAD TWO PREVIOUS DRIVING UNDER THE INFLUENCES (DUI). I THEN ASKED THE DEFENDANT TO EXIT THE VEHICLE AND STAND IN THE FRONT OF MY PATROL VEHICLE, HOWEVER, HE KEPT WALKING TO THE ROAD NOT FOLLOWING INSTRUCTIONS. I THEN ESCORTED HIM TO THE PARKING TO CONDUCT A SERIES OF FIELD SOBRIETY TASKS. 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 HIS FEET ARE DEFORMED NO OTHER DISABILITIES. 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 REFUSED TO PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REFUSED TO PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT HAVE PROPER BALANCE AND WHEN HE USED HIS RIGHT INDEX FINGER TO TOUCH HIS NOSE, HE TOUCHED HIS MOUTH AND WHEN HE USED HIS LEFT INDEX FINGER, THE LEFT KNUCKLE WOULD TOUCH HIS NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY A FRIEND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS/HER IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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, CITATION NUMBER 9693XEIX, WITH A MANDATORY COURT APPEARANCE ON 071714 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 375560B FOR UNLAWFUL SPEED AND 375561B FOR FAULTY EQUIPMENT. |
