| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR11119080) 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 0131111, AT APPROXIMATELY 2249 HOURS, DEPUTY WILLIAMS RECEIVED A CALL FROM DISPATCH IN REFERENCE TO A RECKLESS VEHICLE TRAVELING WESTBOUND IN THE EASTBOUND LANE ON HIGHWAY 44 EAST. AT APPROXIMATELY 2250 HOURS, DEPUTY WILLIAMS OBSERVED THE VEHICLE TRAVELING WESTBOUND IN THE EASTBOUND LANE. IN THE AREA OF 44 EAST AND CYPRESS COVE, AT WHICH TIME DEPUTY WILLIAMS CONDUCTED A TRAFFIC STOP AND THE VEHICLE CAME TO A STOP IN THE CENTER MEDIAN. AT THAT TIME HE SPOKE TO THE DEFENDANT WHO HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, AT WHICH TIME HE CONTACTED THIS DEPUTY. AT APPROXIMATELY 2251 HOURS, I ARRIVED ON SCENE AND MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL BEHIND THE WHEEL OF HIS VEHICLE. HIS EYES WERE BLOOD SHOT AND HE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING, AT WHICH TIME HE STATED HE HAD APPROXIMATELY THREE BEERS. I THEN ASKED THE DEFENDANT WHY HE WAS TRAVELING WESTBOUND IN THE EASTBOUND LANE, AND HE ADVISED THAT HE WAS ON THE TELEPHONE WITH HIS GIRLFRIEND AND THAT HE WAS UPSET AND HE WAS JUST TRYING TO GET BACK TO LAKE COUNTY. I THEN HAD THE DEFENDANT EXIT HIS VEHICLE. THE DEFENDANT ADVISED THAT HE WAS NOT GOING TO PERFORM ANY FIELD SOBRIETY TASKS BECAUSE HE KNEW THAT HE WOULD FAIL THEM AND THAT HE WAS JUST SO NERVOUS. AT THAT TIME I EXPLAINED TO THE DEFENDANT THAT IT WAS IN HIS BEST INTEREST TO PERFORM THESE TASKS, AT WHICH TIME HE AGREED TO DO SO. 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. THE DEFENDANT HAD TO BE TOLD TWICE NOT TO MOVE HIS HEAD DURING THE TASK AND HE WAS UNSTEADY ON HIS FEET. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ATTEMPTED THE TASK, BUT COULD NOT PERFORM IT AND STEPPED OFF THE LINES, AT WHICH TIME HE ADVISED ME THAT HE COULD NOT DO THIS TASK. I TRIED TO GET THE DEFENDANT TO ATTEMPT TO PERFORM THE TASK AGAIN, AND HE ADVISED ME THAT HE WAS TOO NERVOUS AND WOULD NOT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AT WHICH TIME THE DEFENDANT ADVISED THAT HE COULD NOT PERFORM THIS TASK. TASK FOUR, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AT WHICH TIME THE DEFENDANT RECITED THE ALPHABET CORRECTLY; HOWEVER, WAS VERY UNSTEADY ON HIS FEET, AND KEPT LEANING FORWARD NEARLY FALLING OVER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO ED'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, AND AT THAT TIME THE INTOXILYZER OPERATOR FILLED OUT A REFUSAL FORM. 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 7254-XADX WITH A MANDATORY COURT APPEARANCE ON 021711, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER BY DEPUTY WILLIAMS FOR CARELESS DRIVING. "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* |
