| Probable cause affidavit: |
SUBMITTED BY: WOOD, THOMAS FHP/5318-A (AR09108876) 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. (AND) DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE 322.03(1). ON 050309 AT APPROXIMATELY 0100 HOURS, I WAS TRAVELING NORTH ON U S HIGHWAY 19 JUST SOUTH OF YULEE DRIVE. I OBSERVED A SILVER FORD MINI VAN BEARING FLORIDA TAG L020GS TRAVELING NORTH IN THE OUTSIDE NORTHBOUND LANE. I OBSERVED THAT THE MINI VAN WAS WEAVING WITHIN ITS LANE. AS THE MINI VAN WENT AROUND THE CURVE ON U S HIGHWAY 19 AT YULEE DRIVE, IT TRAVELED OVER THE CENTER LINE, PARTIALLY INTO THE INSIDE NORTHBOUND LANE AND THEN TRAVELED BACK ACROSS THE NORTHBOUND LANE ONTO THE LIP OF THE EAST SIDE OF THE ROADWAY. I ACTIVATED MY EMERGENCY EQUIPMENT AND INITIATED A TRAFFIC STOP ON THE VEHICLE. THE VEHICLE SLOWED TO APPROXIMATELY 10 MILES PER HOUR AND CONTINUED NORTH IN THE OUTSIDE NORTHBOUND LANE TO THE DRIVEWAY OF THE WALGREEN'S STORE, AT THE CORNER OF U S HIGHWAY 19 AND GROVER CLEVELAND BOULEVARD. THE VEHICLE THEN TURNED IN TO THE DRIVEWAY AND TRAVELED VERY SLOWLY INTO THE PARKING LOT OF THE WALGREEN'S BEFORE FINALLY STOPPING. I MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO IDENTIFIED HIMSELF WITH TWO EXPIRED MEXICAN DRIVER'S LICENSES, AS RICADO R OCAMPO, HISPANIC MALE, DOB: 06231955. I NOTICED THAT THE DEFENDANT HAD BLOODSHOT GLASSY EYES, SLURRED SPEECH AND AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH AND WAS VERY SLOW AND DELIBERATE IN HIS MOVEMENTS; FUMBLING WITH HIS WALLET TO GET HIS IDENTIFICATION. I RETURNED TO MY VEHICLE AND RAN THE DEFENDANT'S INFORMATION THROUGH DAVID AND FOUND A NUMBER WHICH DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES HAD GIVEN HIM; 0251736552230. IT STATED THE DEFENDANT HAD NO FLORIDA LICENSE OR IDENTIFICATION CARD. I RAN THE NUMBER THROUGH FCIC/NCIC AND IT ALSO STATED THAT THE DEFENDANT HAD NO FLORIDA DRIVER'S LICENSE OR ID CARD. I NOTIFIED FLORIDA HIGHWAY PATROL DISPATCH THAT I NEEDED A SPANISH SPEAKING OFFICER, AND TROOPER RICARDO VALDEZ RESPONDED TO ASSIST ME. AT APPROXIMATELY 0110 HOURS, I ASKED THE DEFENDANT, USING TROOPER VALDEZ AS A TRANSLATOR, IF HE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS, AND THE DEFENDANT STATED HE WOULD. DURING FIELD SOBRIETY TASKS I EXPLAINED AND DEMONSTRATED AND TROOPER VALDEZ TRANSLATED. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FIRST ATTEMPTED WITH HIS RIGHT FOOT. HE WAS UNABLE TO LIFT THE FOOT MORE THAN TWO INCHES OFF THE GROUND BEFORE HE HAD TO SIT IT BACK DOWN. THE DEFENDANT THEN ATTEMPTED TWICE WITH HIS LEFT FOOT AND WAS UNABLE TO LIFT MORE THAN HIS HEEL OFF HIS FOOT OFF THE GROUND BEFORE HE HAD TO SET HIS FOOT BACK DOWN TO KEEP HIS BALANCE. DEFENDANT ALSO LIFTED HIS ARMS TO ATTEMPT TO MAINTAIN HIS BALANCE. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO PAUSE TO KEEP HIS BALANCE DURING THE FIRST THREE STEPS, DID NOT TOUCH HEEL TO TOE ON STEPS FOUR THROUGH NINE AND ACTUALLY TOOK TEN STEPS. THE DEFENDANT DID NOT TURN AROUND AND ATTEMPTED TO WALK BACKWARDS TO FINISH THE EXERCISE. DEFENDANT ALSO USED HIS ARMS FOR BALANCE DURING THE ENTIRE EXERCISE. THE DEFENDANT WAS ALSO UNABLE TO MAINTAIN HIS BALANCE WHILE THE EXERCISE WAS BEING EXPLAINED. AT APPROXIMATELY 0119 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND NO VALID DRIVER'S LICENSE.. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL CAR. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE REGISTERED OWNER, WHO WAS A PASSENGER IN THE VEHICLE. 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 .251, .213, AND .254. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND ALSO CHARGED WITH NO VALID DRIVER'S LICENSE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 5791-XAU WITH A MANDATORY COURT APPEARANCE OF 052109 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1340-SPQ FOR NO VALID DRIVER'S LICENSE MANDATORY COURT APPEARANCE ON 052109 AT 1300 HOURS, AND ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION 1339-SPQ FOR MOVING VIOLATION OF FAILURE TO MAINTAIN A SINGLE LANE, WITH FINE OF $151.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. FHP CASE NUMBER: FHPC090FF040555 *NOT-EXEMPT* |
