| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR09108842) 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 050209 AT 0136 HOURS, I WAS DISPATCHED TO A TRAFFIC CRASH AT THE INTERSECTION OF STATE ROAD 41 AND COUNTY ROAD 488 IN DUNNELLON, FLORIDA. UPON ARRIVAL I OBSERVED A RED PICKUP TRUCK SITTING OFF TO THE SIDE OF THE ROAD. UPON FURTHER INSPECTION IT WAS DETERMINED THAT THE DRIVER, MR RAYMUNDO GARZA HAD BEEN TRAVELING EAST ON COUNTY ROAD 488 AND ENTERED THE INTERSECTION OF STATE ROAD 41 BUT FAILED TO TURN. HE THEN CONTINUED EAST, CRASHING THROUGH THE GUARD RAIL AND LANDING IN A DITCH. AS DEPUTY MUTTER INVESTIGATED THE TRAFFIC CRASH, I MADE CONTACT WITH THE DRIVER/DEFENDANT AND EXPLAINED THAT I WAS GOING TO CONDUCT A CRIMINAL INVESTIGATION DUE TO THE FACT HE WAS DRIVING UNDER THE INFLUENCE. THE DEFENDANT STATED HE WANTED TO BE HONEST WITH ME AND THAT HE HAD DRANK APPROXIMATELY SIX TO SEVEN BEERS AT THE DAYS INN LOCATED IN CRYSTAL RIVER AND WAS ON HIS WAY HOME TO THE ANGLER'S RESORT, LOCATED IN SOUTH DUNNELLON. THE DEFENDANT STATED HE WAS GETTING SLEEPY PRIOR TO RUNNING OFF THE ROAD. I THEN ASKED THE DEFENDANT IF HE WAS ABLE TO DO FIELD SOBRIETY TASKS, AT WHICH TIME HE STATED, YES. 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. 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. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD HIS BALANCE DURING THE INSTRUCTIONAL PHASE. THE DEFENDANT DID NOT COUNT OUT LOUD AND STEPPED OFF THE LINE AT THREE AND SEVEN, TURNED INCORRECTLY AND USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COUNTED TO THREE AND THEN PLACED HIS FOOT DOWN. THE DEFENDANT THEN STARTED AGAIN AND COUNTED TO TEN AND AGAIN PUT HIS FOOT DOWN. AT THAT TIME, BELIEVING THE DEFENDANT WAS DRIVING UNDER THE INFLUENCE, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGES. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE DEFENDANT WAS TURNED OVER TO OFFICER SWETOKOS, WHO READ THE DEFENDANT HIS MIRANDA WARNINGS AND 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. THE RESULTS OF THE TEST WERE .141 AND .139. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. 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 7100-XDO WITH A MANDATORY COURT APPEARANCE OF 05/21/09 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
