| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR12124821) THE DEFENDANT 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 021612 AT APPROXIMATELY 0028 HOURS, I WAS DISPATCHED TO THE AREA OF SUNBURST LANE IN HOMOSASSA IN REFERENCE TO A NOISE COMPLAINT. THE ANONYMOUS COMPLAINANT ADVISED THERE WAS A VEHICLE PARKED FACING ALABAMA AVENUE WITH THE ENGINE CONSTANTLY REVVING. UPON ARRIVING AT SUNBURST LANE, I OBSERVED A GREEN TOYOTA SPORT UTILITY VEHICLE PARKED IN THE MIDDLE OF THE ROADWAY WITH THE ENGINE REVVING LOUDLY. WHILE WALKING UP TO THE VEHICLE, I COULD HEAR THE ENGINE BOUNCING OFF OF THE REV-LIMITER WHICH OCCURS WHEN THE GAS PEDAL IS HELD TO THE FLOOR WITH THE ENGINE RUNNING. THE DRIVER SIDE WINDOW WAS OPEN AND I OBSERVED A WHITE MALE, LATER DETERMINED TO BE THE DEFENDANT, MR RALPH WILFONG, SITTING IN THE DRIVER SEAT SLEEPING, WITH THE SEAT COMPLETELY RECLINED BACK. I REACHED IN THE DRIVER SIDE WINDOW AND TURNED THE IGNITION KEY TO THE OFF POSITION. I THEN SHINED MY FLASHLIGHT IN MR WILFONG'S FACE WHICH CAUSED HIM TO AWAKEN. HE SAT UP AND APPEARED TO BE DISORIENTED. I OBSERVED HIS EYES TO BE VERY BLOODSHOT AND GLASSY. I IDENTIFIED MYSELF AS A SHERIFF'S DEPUTY AND ASKED MR WILFONG IF HE KNEW WHERE HE WAS LOCATED. MR WILFONG SAID "UM" REPEATEDLY FOR APPROXIMATELY THIRTY SECONDS, THEN STATED HE DID NOT KNOW. I ASKED HIM WHERE HE LIVED AND HE STATED ON ROSEDALE DRIVE BUT HE COULD NOT REMEMBER THE NUMERICAL. I ASKED MR WILFONG WHERE HE WAS COMING FROM AND HE ADVISED "TWO DEUCES," A BAR IN HOMOSASSA. WHILE SPEAKING WITH MR WILFONG, I COULD SMELL A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I ASKED MR WILFONG WHY HE HAD PARKED HIS VEHICLE IN THE MIDDLE OF A ROADWAY, RECLINED HIS SEAT AND WENT TO SLEEP. HE ADVISED HE HAD "DRANK TOO MUCH" AND THAT HE WOULD NOT ARGUE THAT. I THEN ASKED MR WILFONG IF HE WOULD PARTICIPATE IN A SERIES OF ROADSIDE SOBRIETY TASKS TO DETERMINE HIS LEVEL OF IMPAIRMENT, TO WHICH HE AGREED. I ASKED MR WILFONG 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 MR WILFONG 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 MR WILFONG. DURING THIS TASK, MR WILFONG STEPPED OFF THE LINE ON MORE THAN FOUR STEPS IN EACH DIRECTION, DID NOT WALK HEEL TO TOE ON MORE THAN FOUR STEPS AND USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR WILFONG. DURING THIS TASK, MR WILFONG STOPPED UPON REACHING TWELVE AND STATED "I CAN'T DO IT.” TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR WILFONG. DURING THIS TASK, MR WILFONG HAD TO HAVE THE DIRECTIONS REPEATED TO HIM, TOUCHED HIS UPPER LIP TWICE AND THE SIDE OF HIS NOSE TWICE. AT NO TIME DID MR WILFONG COMPLETE THE TASK PROPERLY. MR WILFONG 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. THE DEFENDANT REQUESTED THAT I LEAVE HIS VEHICLE ON SCENE. WHEN I ENTERED THE VEHICLE, TO MOVE IT OFF OF THE ROADWAY, I OBSERVED A RED CUP IN THE CUP HOLDER WHICH CONTAINED A DARK LIQUID THAT SMELLED LIKE ALCOHOL. I ASKED THE DEFENDANT WHAT THE LIQUID IN THE RED CUP WAS AND HE ADVISED IT WAS RUM AND COKE WHICH HE HAD CONSUMED ON THE WAY TO THE BAR. THE DEFENDANT'S VEHICLE WAS THEN SECURED AND LEFT ON SCENE, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT'S CRIMINAL HISTORY REVEALED A PRIOR DUI MANSLAUGHTER CONVICTION IN 1990. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, SECOND OFFENSE, WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4379-XDX1, WITH A MANDATORY COURT APPEARANCE ON 030112 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7429-GQF9, FOR OPEN CONTAINER, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
