| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR08105835) 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 101808 AT APPROXIMATELY 2345 HOURS, I RESPONDED TO THE AREA OF HIGHWAY 19 AT CYPRESS BOULEVARD IN REFERENCE TO A VEHICLE CRASH. UPON ARRIVAL, I SPOKE WITH ALL THE PARTIES INVOLVED INCLUDING THE DEFENDANT. DURING THE COURSE OF MY INVESTIGATION, I WAS ABLE TO OBSERVE THE DEFENDANT WHO HAD A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS EYES WERE BLOODSHOT, AND HE SPOKE TO ME WITH A THICK TONGUE. AFTER COMPLETING THE TRAFFIC CRASH INVESTIGATION, THE DEFENDANT WAS TOLD THE INVESTIGATION WAS COMPLETE AND ISSUED A CITATION FOR THAT CRASH. I THEN TOLD THE DEFENDANT I WOULD BE CONDUCTING A CRIMINAL INVESTIGATION IN REFERENCE TO DRIVING UNDER THE INFLUENCE (DUI). I ASKED THE DEFENDANT IF HE WOULD AGREE TO DO SOME FIELD SOBRIETY TASKS FOR ME AND HE AGREED. 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. THE DEFENDANT WAS WEARING GLASSES AND REMOVED THEM FOR THE TASK. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS RIGHT LEG AND DID PICK IT UP OFF THE GROUND, HOWEVER, FAILED TO STARE AT THE TIP OF HIS TOE AND PLACED HIS FOOT ON THE GROUND ON COUNTS 8, 9, 11, 15, 16, 19, AND 20. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO WALK HEEL TO TOE AND DID NOT WATCH EACH STEP AS HE TOOK IT. THE DEFENDANT STARED STRAIGHT AHEAD AT THE HORIZON WHILE WALKING . AT TIMES THE DEFENDANT'S STEPS WERE FOUR TO SIX INCHES APART. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FOUR, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS FEET TOGETHER AND HAD HIS EYES OPEN WHILE STATING THE ALPHABET. THE DEFENDANT WAS ASKED TO TRY THE TASK ONCE MORE AND WAS ABLE TO COMPLETE THE TASK WITH ONLY OPENING HIS EYES TWICE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS IMPLIED CONSENT VIA CARD 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .250 AND .234. 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, NUMBER 8198-XBD, WITH A MANDATORY COURT APPEARANCE DATE OF 110608 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8810-RHU, FOR CARELESS DRIVING WITH A $141 FINE, PAYABLE IN 30 DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
