| Probable cause affidavit: |
SUBMITTED BY: SUBMITTED BY: HOWARD, RUSSELL 0297 (AR14-9495) 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 031414, AT APPROXIMATELY 1950 HOURS, DEPUTY MOORE WAS TRAVELING EASTBOUND ON MAIN STREET NEAR HIGHWAY 41 NORTH, WHEN HE OBSERVED A RED FOUR DOOR VEHICLE PULL OUT FROM THE PARKING LOT OF GRIFF'S AND BEGIN TO TRAVEL EASTBOUND ON MAIN STREET WITH NO HEADLIGHTS WHILE DRIVING AT A SLOW SPEED. DEPUTY MOORE ADVISED THAT THE VEHICLE BEGAN TO SWERVE IN ITS LANE AND HIT THE OUTSIDE FOG LINE. THE VEHICLE THEN WENT TO TURN ON TO SOUTH LINE AVENUE, WHERE THE VEHICLE WAS DRIVING ON THE FOG LINE WHEN IT TURNED. DEPUTY MOORE ACTIVATED HIS OVERHEAD LIGHTS, AT WHICH POINT THE VEHICLE STOPPED IN THE MIDDLE OF SOUTH LINE AVENUE. HE ADVISED THAT THE DRIVER THEN TRIED TO EXIT THE VEHICLE. HE HAD THE DRIVER MOVE HIS VEHICLE OUT OF THE DRIVEWAY AND ONTO THE BUS RAMP ON SOUTH LINE AVENUE. DEPUTY MOORE THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT VIA HIS FLORIDA DRIVER'S LICENSE, MR RALPH FISHER. HE ADVISED DEPUTY MOORE THAT HE JUST LEFT GRIFF'S BAR WHERE HE HAD A FEW DRINKS. DEPUTY MOORE THEN EXPLAINED TO THE DEFENDANT WHY HE STOPPED HIM, AT WHICH TIME HE OBSERVED THAT THE DEFENDANTâS REACTION TIME WAS VERY SLOW AND HE COULD NOT FOLLOW DIRECTIONS. AT THAT TIME, DEPUTY MOORE NOTIFIED THIS DEPUTY WHO RESPONDED TO HIS LOCATION. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT WHO HAD GLASSY, BLOODSHOT EYES, A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND VERY SLOW REACTION TIME. I ASKED THE DEFENDANT TO EXIT HIS 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. THE DEFENDANT WAS ASKED IF HE WORE GLASSES AND HE SAID YES AND THAT IT STATES ON HIS DRIVER'S LICENSE THAT THEY ARE REQUIRED FOR HIM TO DRIVE, BUT HE WAS NOT WEARING THEM 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. THE DEFENDANT WOULD NOT FOLLOW INSTRUCTIONS, WHERE HE WOULD NOT CONTINUE FOLLOWING THE TOP OF THE PEN AS INSTRUCTED AND WOULD STOP AND STARE AT THIS DEPUTY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS AND COULD NOT COMPLETE THE TASK. HE ATTEMPTED NUMEROUS TIMES BUT CONTINUED TO PUT HIS FOOT DOWN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AND COULD NOT FOLLOW INSTRUCTIONS PROPERLY. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT ADVISED THAT THE LAST GRADE HE COMPLETED WAS SIXTH GRADE AND HE KNEW THE ALPHABET. HE ATTEMPTED TO RECITE THE ALPHABET TWICE AND BOTH TIMES INCORRECTLY RECITED IT. ON HIS FIRST ATTEMPT HE SANG THE ALPHABET AND WENT FROM A TO P, THEN STATED Q, U, W, X, Y, Z. ON HIS SECOND ATTEMPT HE WENT A THROUGH P AND THEN STATED W, X, Y, Z. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK AND SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. HIS HANDCUFFS WERE LATER PLACED IN THE FRONT. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, WHERE HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND DID NOT WANT TO TALK TO ME. 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. PRIOR TO LEAVING THE SCENE, I CONTACTED DISPATCH TO REQUEST THAT THEY CONTACT THE CITRUS COUNTY DETENTION FACILITY AND REQUEST THAT THEY HAVE A BREATHALYZER OPERATOR STANDING BY. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLYâS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE JAIL, THE INTOXILYZER OPERATOR HAD NOT BEEN NOTIFIED BY OUR AGENCY; THEREFORE THERE WAS A SLIGHT DELAY ON HIS BREATH BEING TESTED. THERE WAS ALSO A PROBLEM WITH ONE OF THE OTHER INMATES IN THE INTAKE AREA, WHICH WAS BEING HANDLED BY TWO OFFICERS WHICH ALSO CONTRIBUTED TO THE DELAY. THE DEFENDANT WAS AGAIN READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .065 AND .067. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8742XBIX, WITH A MANDATORY COURT APPEARANCE ON 041014 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE ON SCENE SOBRIETY TASKS WERE RECORDED VIA MY IN CAR CAMERA, WHICH WILL BE SUBMITTED TO EVIDENCE. |
