| Probable cause affidavit: |
SUBMITTED BY: MATOS, THOMAS 0675 (AR13-5557) 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. ON 050913, I RESPONDED TO THE AREA OF SOUTH SUNCOAST BOULEVARD AND WEST GROVER CLEVELAND BOULEVARD IN HOMOSASSA, IN REFERENCE TO A POSSIBLE RECKLESS DRIVER CALLED IN BY AN ANONYMOUS COMPLAINANT. PRIOR TO ARRIVAL, I RECEIVED INFORMATION THAT THE VEHICLE HAD BEEN PARKED AT THE DISCOUNT AUTO PARTS STORE ON THE CORNER OF PERIWINKLE AND SOUTH SUNCOAST BOULEVARD. PRIOR TO MY ARRIVAL, THE VEHICLE HAD LEFT AND DEPUTY VIGGIANO HAD FOLLOWED THE VEHICLE TO OBSERVE THE VEHICLE FOR ANY TRAFFIC VIOLATIONS. DEPUTY VIGGIANO INITIATED A TRAFFIC STOP AT THE INTERSECTION OF WEST GROVER CLEVELAND BOULEVARD AND SOUTH ALABAMA AVENUE DUE TO THE VEHICLE SWERVING AND FOR FAILURE TO MAINTAIN A SINGLE LANE. AT THAT POINT, I ARRIVED ON SCENE OF THE TRAFFIC STOP AND WAS ADVISED BY DEPUTY VIGGIANO THAT THE DRIVER WAS POSSIBLY UNDER THE INFLUENCE OF ALCOHOL. I THEN MADE CONTACT WITH THE DRIVER, MR RALPH FRANCES CAREY, JR. I ASKED IF HE HAD, HAD ANYTHING TO DRINK TODAY, TO WHICH HE ADVISED THAT HE HAD BEEN DRINKING EARLIER IN THE DAY. WHILE SPEAKING TO THE DRIVER, I WAS ABLE TO DETECT AN ALCOHOLIC ODOR EMITTING FROM HIS PERSON. I ALSO OBSERVED THE DEFENDANTâS EYES TO BE GLASSY, AS WELL AS THE DEFENDANTâS SPEECH TO BE SLURRED. I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO SUBMIT TO SEVERAL SOBRIETY TASKS, TO WHICH HE ADVISED HE WOULD. I HAD THE DEFENDANT STEP OUT OF HIS VEHICLE IN ORDER TO INITIATE THE FIELD SOBRIETY TASKS. I IMMEDIATELY NOTICED THE DRIVER TO BE VERY UNSTEADY ON HIS FEET AS HE WAS GETTING OUT OF HIS VEHICLE. HE WAS VERY UNBALANCED WHILE WALKING TO THE REAR OF HIS VEHICLE. PRIOR TO ADMINISTERING THE FIRST TASK, 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. THE DEFENDANT DID ADVISE THAT HE HAD A PROBLEM WITH HIS RIGHT SHOULDER, BUT ADVISED THAT HE FELT HE WOULD PASS THE TASKS. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT FAILED TO COUNT OFF HIS STEPS AND RESTARTED TWO SEPARATE TIMES DUE TO FALLING OFF THE LINE AFTER THE SECOND STEP. THE DEFENDANT THEN WALKED THE LINE FAILING TO TOUCH HEEL-TO-TOE ON ANY STEPS AND STEPPED OFF THE LINE ON STEPS 3, 5 AND 7, ALL OF WHICH WAS WITH HIS LEFT FOOT. THE DEFENDANT DID NOT TURN AS INSTRUCTED AND FAILED TO COMPLETE THE TEST AT THAT POINT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO RAISE HIS LEFT FOOT AND WAS UNABLE TO HOLD HIS FOOT UP FOR 2 SECONDS AND PUT IT DOWN WITHOUT BEING INSTRUCTED TO DO SO. THE DEFENDANT WAS ABLE TO RAISE HIS RIGHT FOOT FOR JUST UNDER 3 SECONDS AND AGAIN PUT HIS FOOT DOWN WITHOUT BEING INSTRUCTED TO DO SO. ON BOTH COUNTS THE DEFENDANT USED THE MOMENTUM OF LIFTING HIS FOOT TO KEEP HIS FOOT UP. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED AND SECURED IN THE REAR SEAT OF MY PATROL CAR FOR TRANSPORT. AFTER MAKING CONTACT WITH THE DEFENDANTâS GIRLFRIEND, WHO IS THE OTHER REGISTERED OWNER OF THE VEHICLE, MS DIANA SKAATES, FOR REMOVAL OF THE VEHICLE, I RETRIEVED THE KEY S OUT OF THE VEHICLE. I OBSERVED A BOTTLE OF SKOL VODKA (375 MILLILITER) ON THE FRONT PASSENGERS SEAT, WHICH WAS 90 PERCENT EMPTY. THE VEHICLE WAS LEFT ON SCENE WITH DEPUTY VIGGIANO AND THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA RIGHTS AND IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .20 ON SAMPLE ONE AND .197 ON SAMPLE TWO. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, DUE TO SECOND OFFENSE, AS PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 5970-XDH3, WITH A MANDATORY COURT APPEARANCE ON 053013 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING CITATION NUMBER 345628B, FOR FAILURE TO MAINTAIN A SINGLE LANE. |
