| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (2012-1828AR) 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(1); AND THE DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) ON 070412 WHILE PATROLLING OLD HOMOSASSA TRAVELLING EAST ON FISHBOWL DRIVE I OBSERVED A BLACK MOTORCYCLE PASS A PASSENGER CAR ON A DOUBLE YELLOW LINE. AT THAT TIME, I ACTIVATED ALL OF MY EMERGENCY EQUIPMENT AND TURNED AROUND ON THE MOTORCYCLE. THE DRIVER STOPPED AT WEST BOB COURT AND WEST FISHBOWL DRIVE. UPON MAKING CONTACT WITH THE DRIVER HE HAD ALREADY DISMOUNTED HIS MOTORCYCLE AND WAS SWAYING HEAVILY WHILE STANDING IN ONE PLACE. AT THAT TIME, I ASKED THE DRIVER FOR HIS LICENSE, REGISTRATION AND INSURANCE CARD. THE DRIVER HANDED ME HIS LICENSE AND CONTINUED TO SEARCH FOR HIS INSURANCE CARD, WHICH WAS MET WITH NEGATIVE RESULTS. I IDENTIFIED THE DRIVER AS MR PETER CECIL GRUNERT VIA HIS FLORIDA DRIVERâS LICENSE. AS I WAS SPEAKING WITH MR GRUNERT I COULD SMELL A STRONG ODOR OF ALCOHOL COMING FROM THIS PERSON AND HIS BREATH. I OBSERVED HIS EYES TO BE BLOOD-SHOT AND GLASSY AND HIS SPEECH WAS SLURRED. I ASKED MR GRUNERT WHERE HE WAS COMING FROM AND IF HE HAD ANYTHING TO DRINK TONIGHT, TO WHICH HE ADVISED HE WAS COMING FROM DINNER AND BELIEVED HE ONLY HAD A COUPLE OF BEERS WITH HIS MEAL. HE ALSO STATED HE HAD BEEN PLAYING GOLF ALL DAY AND HE BELIEVED HE HAD A COUPLE OF BEERS WHILE GOLFING. AT THAT TIME, I ASKED THE DRIVER/DEFENDANT IF HE WOULD SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE ADVISED, âNO PROBLEM, IâLL DO IT.â 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, âNO.â IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. WHILE THE DEFENDANT WAS CONDUCTING THIS TASK I HAD TO REMIND HIM TO FOLLOW WITH HIS EYES AND EYES ONLY APPROXIMATELY SEVEN TIMES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT ON THE FIRST SET OF NINE STEPS USED HIS ARMS ON STEPS ONE, TWO, THREE, FOUR, EIGHT AND NINE. HE DID NOT TOUCH HEEL-TO-TOE ON STEPS THREE, FOUR, EIGHT AND NINE. HE DID NOT COUNT OUT LOUD ON STEPS ONE THROUGH NINE AND TURNED THE WRONG WAY. ON THE RETURNING NINE STEPS HE USED HIS ARMS FOR BALANCE ON STEPS ONE THROUGH NINE AND DID NOT TOUCH HEEL-TO-TOE ON STEPS FIVE THROUGH NINE. DURING THE INSTRUCTION PHASE OF THIS TASK THE DEFENDANT DEVIATED FROM THE STARTING POSITION APPROXIMATELY FOUR TIMES, AT WHICH TIME, I ASKED THE DEFENDANT TO RESUME THE STARTING POSITION AND START THE TASK FROM THE BEGINNING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT DID NOT COMPLETE THE ENTIRE TASK, DID NOT KEEP HIS LEGS STRAIGHT AND DID NOT COUNT IN ORDER AT ALL. ON COUNTS FOUR, SEVEN AND TEN THE DEFENDANT STOPPED AND PUT HIS FOOT DOWN ON THE GROUND. THE DEFENDANT STOOD THERE FOR APPROXIMATELY SEVEN SECONDS, AND THEN ASKED ME WHAT HE SHOULD DO NEXT. HE THEN REMEMBERED, AT WHICH TIME, HE RESUMED COUNTING FROM WHERE HE HAD LEFT OFF. DURING THE INSTRUCTION PHASE OF THIS TASK THE DEFENDANT DEVIATED FROM THE STARTING POSITION BY SEPARATING HIS FEET APPROXIMATELY FOUR DIFFERENT TIMES, AT WHICH TIME, I STOPPED THE INSTRUCTION AND ADVISED HIM TO RESUME FROM THE STARTING POSITION. AFTER HE RESUMED THE STARTING POSITION, I STARTED THE INSTRUCTION BACK FROM THE BEGINNING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH AND THAT HE WOULD SPEAK TO ME. PRIOR TO LEAVING THE SCENE, AT THE DEFENDANT'S REQUEST HIS MOTORCYCLE WAS LEFT ON THE SIDE OF THE ROAD OUT OF THE WAY OF TRAFFIC. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS 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 $500.00 BOND PER THE BOND SCHEDULE. ALSO, HE WAS CHARGED WITH REFUSAL TO SUBMIT TO BLOOD ALCOHOL TEST WITH $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4977-XDX6. THE JUDGE WILL DETERMINE THE DEFENDANTâS COURT DATE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 6986-GQF7, FOR PASSING ON A DOUBLE YELLOW LINE. THE DEFENDANT WAS ALSO ISSUED CITATION NUMBER 6987-GQF8, FOR REFUSAL TO SUBMIT TO A âBACâ TEST, WITH A MANDATORY COURT DATE OF 072612 AT 1300 HOURS. I GAVE THE DEFENDANT TWO VERBAL WARNINGS FOR NOT HAVING HIS REGISTRATION AND NOT HAVING PROOF OF INSURANCE WHILE RIDING A MOTORCYCLE WITHOUT A HELMET. ONCE AT THE JAIL, ALL OF THE DEFENDANTâS PROPERTY WAS HANDED OVER TO JAIL PERSONNEL. |
