| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR10114957) INDORATO, THOMAS 0712 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 052110 AT 2037 HOURS I WAS TRAVELING EASTBOUND ON HIGHWAY 44 NEAR SOUTH SHADE TERRACE, CONDUCTING MOVING RADAR. THE RADAR UNIT WAS TESTED AT THE BEGINNING OF THE ShIFT AND FOUND TO BE IN WORKING ORDER. THE weather was cloudy and the road conditions wEre dry in the traveling lane and wet outside the traveling lane. there was little to no wind. i observed a motor cycle traveling westbound in the outside lane, approaching me. the motorcycle was moving faster than another vehicle traveling westbound in the inside lane. i estimated the motorcycle speed and activated my radar unit. the radar emitted a clear audio doppler tone and displayed a target speed of 70 mph. the patrol speed of the radar unit matched the speedometer of my patrol vehicle. i turned around to catch up with the vehicle. at this time i observed the motorcycle drifting in its lane and i activated my emergeNcy warning lights and conducted a traffic stop on the motorcycle. the motorcycle pulLed over on the side of thE road just past the hess gas station. i approached the operator/defendAnt, mr richard l bennett and observed him to be unsteady as he dismounted his motorcycle. i asked the defendAnt for his driver's license and the vehIcle registration. the defendAnt provided me with his florida driver's license and looked in the left saddle bag of his motorcycle for the registration. the defendant provided me with an application for title form. i again asked the defendaNt for his registration, and the defendant found the registration and provided it to me. while speaking with the defendant i detected an odor of an alcoholic beverage on or about his person. i returned to my patrol vehicle and conducted a computer check of the defendant's driver's license and vehicle registratIon. the computer check indicated the defendant did noT have a motorcycle ENDORSEMENT on his driver's license. i issued the defendant citation 1844-rpa-x for unlawful speed and citation 1845-rpa-x for no motorcycle endorSement. i also issued a warning for not wearing a helmet/no proof of insurance. i returned to the defendant, explained the citations to him, and had THE DEFENDANT sign the Citations. i then requested the defendant submit to field sobriety tasks. i stated to the defendant THAT i detected an odor of an alcoholic beverage on or about him and he said, "yes you did." 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 have a problem with his left knee. i asked him if he was under the care of a doctor or dentist, and he said no. 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 did not touch heel to toe and stepped of the line ON STEP seven TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT started to perform the tASK on his left leg, put his foot down on the count of three, and said, "it ain't happening". TASK FOUR, finger to nose task. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT was given the commands "left, right, left, right, right, left", and on the second left and third right the defendant touched the bridge of his nose and not the tip. defendant's eyes did not remain closed. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. tHe defendant was handcuffed double locked and searched. THE DEFENDANT WAS THEN and placed in the rear seat of my patrol vehicle. PRIOR TO LEAVING THE SCENE, deputy corbin remAined with the defendant's vehicle until the defendant's brother, MR carson bennett, arrived to secure it. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY for boOking and process. upon arrival at the detention faciliTy the defendAnt was turned over to correctional officer faris to conduct a test of his breath. correctional officer faris advised me that the defendant refused to submit to the test of his breath. 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 2229-xbg-6 WITH A MANDATORY COURT APPEARANCE to be set by the judge. *NOT-EXEMPT* |
