| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR10112633) 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(1) ON 010210 AT APPROXIMATELY 0001 HOURS, I WAS DISPATCHED TO THE AREA OF US HIGHWAY 19 AND CYPRESS BOULEVARD IN HOMOSASSA IN REFERENCE TO BACKING UP DEPUTY VIGGIANO ON A TRAFFIC STOP. UPON MY ARRIVAL, DEPUTY VIGGIANO ADVISED HE HAD STOPPED THIS VEHICLE FRO TRAVELING AT 68 MILES PER HOUR (MPH) IN A POSTED 55 MPH SPEED ZONE. DEPUTY VIGGIANO ADVISED HE BELIEVED THE DRIVER WAS UNDER THE INFLUENCE AND HE COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DRIVER'S WINDOW. AS I APPROACHED THE VEHICLE FROM THE DRIVER SIDE, I OBSERVER THAT THE DRIVER WAS ASLEEP IN THE VEHICLE WITH HIS HEAD SLUMPED OVER AND HIS HANDS ON EACH OF HIS THIGHS. AFTER A BRIEF OBSERVATION PERIOD, I KNOCKED ON THE DRIVER'S WINDOW, WAKING THE DRIVER UP, AND ASKED HIM TO STEP OUT OF the VEHICLE. UPON OPENING THE DOOR, I COULD SMELL A STRONG ODOR OF An ALCOHOLIC BEVERAGE EMANATING FROM THE VEHICLE. I HAD THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR PIERRE HERY, WALK BACK TO WHERE MY PATROL VEHICLE WAS PARKED. I OBSERVED THAT THE DRIVER/DEFENDANT WAS ABLE TO WALK, WAS SLIGHTLY OUT OF BALANCE, AND APPEARED TO BE SLIGHTLY CONFUSED. IN SPEAKING WITH THE DRIVER/DEFENDANT, I COULD SMELL A COMBINATION OF ALCOHOLIC BEVERAGE AND A SWEET MINTY SCENT. I ASKED THE DRIVER/DEFENDANT IF HE WOULD PARTICIPATE IN FIELD SOBRIETY TASKS, DUE TO HIS SENSE OF CONFUSION, THE SMELL OF ALCOHOL AND HIS BEING ASLEEP BEHIND THE WHEEL, BECAUSE I BELIEVED HE WAS UNDER THE INFLUENCE. THE DRIVER/DEFENDANT AGREED TO PARTICIPATE. I HAD THE DRIVER/DEFENDANT TAKE HIS HAT OFF AND PLACE IT ON THE HOOD OF MY PATROL VEHICLE. 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 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 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. I ALSO OBSERVED THAT THE DEFENDANT WAS UNABLE TO FOCUS ON THE PEN AT SEVERAL LOCATIONS WHERE HIS EYES HAD TO CATCH UP. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT started before beING told to do so. the defendant WAS UNABLE TO PASS THIS TASK AND FOLLOW INSTRUCTIONS. THE INSTRUCTIONS FOR TASK HAD TO BE REPEATED NUMEROUS TIMES. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO WALK A STRAIGHT LINE. HE STEPPED OFF THE LINE MORE THAN THREE TIMES, MISSED HEEL TO TOE MORE THAN THREE TIMES, AND FAILED TO TURN AROUND AS INSTRUCTED . TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WaS unable to complete this task. the defendant repeatedly placed his foot down after two or three seconds. the instructions had to be repeated AND ultimately, the defendant advised he was unable to perform this task. TASK FOUR, finger to nose. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT failed to follow instructions, started the task prior to completion of the instructions, failed to point forward prior to attempting to touch his nose and failed to point forward after ATTEMPTING TO touch his nose. the dEFENDANT REPEATEDLY opened his eyes, AND THE instructions had to be repeated. the deFENDANT also kept putting his arms down after one attempt with each hand. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. UPON SECURING THE DEFENDANT IN MY PATROL VEHICLE, I RETURNED TO SECURE THE DEFENDANT'S VEHICLE. UPON DOING SO, I OBSERVED A PUDDLE ON THE DRIVER SIDE FLOORBOARD AND A COOLER ON THE PASSENGER SIDE FLOORBOARD. INSIDE OF THE COOLER, I OBSERVED TWO UNOPENED CANS AND ONE OPEN AND EMPTY CAN OF BUDWEISER BEER. ON THE DRIVER SIDE FLOORBOARD, UNDERNEATH THE DRIVER SEAT, I LOCATED AN OPEN CAN OF BUDWEISER BEER WITH ONE-FOURTH OF THE BEER REMAINING INSIDE OF THE CAN WHICH WAS COOL TO THE TOUCH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS secured and left on scene per his request. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AND WAS THEREFORE, CHARGED WITH REFUSAL TO SUBMIT TO THE APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL, IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E). THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, FOURTH CHARGE IN THE STATE OF FLORIDA, WITH A $10,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 2212-XBG8, WITH A MANDATORY COURT APPEARANCE ON 012110 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 2213-XBG9, FORM REFUSAL TO SUBMIT, ALSO WITH A MANDATORY COURT APPEARANCE ON 012110 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ADDITIONALLY ISSUED UNIFORM TRAFFIC CITATION NUMBER 1592-RPA9, FOR OPEN CONTAINER BY THE DRIVER. *NOT-EXEMPT* |
