| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR14-11158) 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. DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS OR HIGHWAYS OF THE STATE OF FLORIDA WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; TO WIT: SPEEDS NEAR 100 MILES PER HOUR (MPH), PASSING IN A TURN LANE, PASSING ON A DOUBLE YELLOW LINE AND FORCING OTHER VEHICLES OFF OF THE ROADWAY IN VIOLATION OF FLORIDA STATE STATUE 316.192(1)(A) ON 071214 AT 1657 HOURS, I RESPONDED TO ASSIST DEPUTY BEHNEN WITH A TRAFFIC STOP AT NORTH CARL G ROSE HIGHWAY AND BIRCH TERRACE. THE WEATHER CONDITIONS WERE CLOUDY WITH OCCASIONAL RAIN AND ROADWAY CONDITIONS WERE DAMP WITH NO OBVIOUS DEFECTS. THERE WAS LITTLE OR NO WIND. UPON ARRIVAL AT 1704 HOURS, I MADE CONTACT with DEPUTY BEHNEN WHO ADVISED HE RESPONDED TO A REPORT OF A WHITE VEHICLE TRAVELING NORTH BOUND ON NORTH CARL G ROSE HIGHWAY AT A HIGH RATE OF SPEED. DEPUTY BEHNEN ADVISED HE LOCATED THE VEHICLE TRAVELING NORTH BOUND ON NORTH CARL G ROSE HIGHWAY AND BEGAN FOLLOWING THE VEHICLE NEAR SPEEDS OF 100 MPH. DEPUTY BEHNEN ADVISED THE VEHICLE PASSED IN A TURNING LANE, PASSED ON A DOUBLE YELLOW LINE AND FORCED AT LEAST TWO VEHICLES TRAVELING SOUTH BOUND OFF OF the ROAD WAY. DEPUTY BEHNEN STATED HE CONDUCTED A TRAFFIC STOP ON THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR PHILLIP CUSTER. DEPUTY BEHNEN STATED HE OBSERVED SIGNS OF IMPAIRMENT AND DETAINED MR CUSTER. I made CONTACT with MR CUSTER WHO WAS SEATED IN THE REAR SEAT OF DEPUTY HINDERHOFER'S PATROL VEHICLE. AT THAT TIME, I DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT MR CUSTER. I ASKED HIM WHERE HE WAS COMING FROM AND HE SAID GAINESVILLE. I ASKED HIM WHERE HE WAS GOING AND HE SAID STARK. WHILE SPEAKING WITH MR CUSTER, I OBSERVED HIS EYES WERE WATERY AND GLASSY AND HIS SPEECH WAS SLURRED AND CONFUSING. I HAD MR CUSTER EXIT THE PATROL VEHICLE AT WHICH TIME I REMOVED THE HANDCUFFS AND INSTRUCTED HIM TO STAND IN FRONT OF DEPUTY BEHNEN'S PATROL VEHICLE. 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 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 RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE ON STEP 1, FAILED TO TOUCH HEEL TO TOE ON 8,10 AND 3,6,7,9 AND 10 AND TOOK WRONG NUMBER OF STEPS (10). TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN AND STOPPED COUNTING AT 10. THIS TASK WAS EXPLAINED AND DEMONSTRATED AGAIN. DURING THIS TASK, THE DEFENDANT HIS PUT FOOT DOWN AT COUNT THREE AND COUNT SIX, NEARLY FELL OVER ON COUNT SEVEN, COUNTED 14 TWICE, STOPPED COUNTING AND PUT HIS FOOT DOWN BEFORE TOLD (APPROXIMATELY 20 SECONDS IN TO EXERCISE). TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT'S LEFT FINGER TOUCHED UPPER LIP, RIGHT TOUCHED UNDER NOSE, LEFT TIP, RIGHT TIP, RIGHT TIP, LEFT UNDER AND FAILED TO KEEP HEAD TILTED AND EYES CLOSED FOR THE ENTIRE TASK. 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. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE WHERE HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO CORRECTIONAL OFFICER RHODES TO CONDUCT A TEST OF HIS BREATH. OFFICER RHODES ADVISED ME MR CUSTER REFUSED TO SUBMIT AND PROVIDED ME A COPY OF THE PAPERWORK. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY BEHNEN UNTIL SCALLY'S TOWING COULD ARRIVE. 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, NUMBER A804XBI. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A1UQGBE, FOR RECKLESS DRIVING WITH A BOND OF $500.00. NO FURTHER ACTION. |
