| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR14-9125) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 021614, I RESPONDED TO A TRAFFIC STOP CONDUCTED BY DEPUTY REYNOLDS IN THE AREA OF WEST CITRUS AVENUE AND WEST ADIRONDACK STREET IN CRYSTAL RIVER. UPON ARRIVAL, I SPOKE WITH DEPUTY REYNOLDS, WHO ADVISED THAT HE OBSERVED THAT THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR RICHARD MOLONY, WAS THE SOLE OCCUPANT OF THE VEHICLE AND HE WAS DRIVING LEFT OF CENTER, ALONG WITH DRIVING OFF THE ROADWAY. DEPUTY REYNOLDS ADVISED THAT HE THEN CONDUCTED A TRAFFIC STOP AND MADE CONTACT WITH THE DEFENDANT, AND HE BELIEVED THAT HE WAS IMPAIRED. I APPROACHING THE DEFENDANTâS VEHICLE, WHERE I OBSERVED A 2010 YELLOW DODGE CHALLENGER TWO DOOR VEHICLE, BEARING FLORIDA LICENSE PLATE 141XYZ. I MADE CONTACT WITH THE DEFENDANT, WHO WAS SITTING IN THE DRIVERâS SEAT OF THE VEHICLE, SMOKING A CIGARETTE. EVEN OVER THE ODOR OF THE CIGARETTE SMOKE, I WAS ABLE TO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. THE DEFENDANT WAS DISHEVELED AND HIS EYES WERE RED, BLOODSHOT AND GLASSY. I SPOKE WITH THE DEFENDANT, WHERE I IDENTIFIED MYSELF AND TOLD HIM THAT I WAS THERE FOR A DUI INVESTIGATION. THE DEFENDANT HAD EXTREMELY SLURRED SPEECH AND SLOW REACTION TIME. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE, WHERE I REPOSITIONED IT TO BLOCK TRAFFIC FROM INTERFERING WITH THE INVESTIGATION. I TURNED ON MY IN CAR DASH VIDEO AND ONCE AGAIN MADE CONTACT WITH THE DEFENDANT, WHERE I REQUESTED THAT HE STEP OUT OF HIS VEHICLE. AS THE DEFENDANT EXITED THE VEHICLE, HE HELD ON TO THE INTERIOR OF HIS VEHICLE FOR BALANCE. AS HE STEPPED TO THE REAR OF HIS VEHICLE, HE HELD ONTO HIS VEHICLE FOR SUPPORT. THE DEFENDANT WAS STAGGERING, SWAYING AND HAVING DIFFICULTY MAINTAINING BALANCE. I CONDUCTED A PAT DOWN SEARCH OF THE DEFENDANT FOR WEAPONS OR ILLEGAL CONTRABAND, WHICH YIELDED NEGATIVE RESULTS. 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. HE ADVISED THAT HE WAS ON PRESCRIPTION MEDICATION FOR DEPRESSION AND BLOOD PRESSURE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES, NOR WORE GLASSES OR CONTACTS. 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. THE DEFENDANT HAD EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THERE WAS NO VERTICAL NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING THE TASK TO THE DEFENDANT, HE SWAYED BACK AND FORTH AND WAS UNABLE TO STAND STILL. DURING THIS TASK, THE DEFENDANT PICKED HIS RIGHT FOOT BARELY OFF THE GROUND AND COUNTED 1, 2â¦, BEFORE RETURNING IT TO THE GROUND. HE ATTEMPTED THE EXERCISE AGAIN, RAISING HIS RIGHT OFF THE GROUND, WHERE HE LOST HIS BALANCE AND ALMOST FELL. I HAD TO GRAB HOLD OF THE DEFENDANT TO BALANCE HIM TO PREVENT HIM FROM FALLING. ONCE AGAIN THE DEFENDANT ATTEMPTED THE EXERCISE, WHERE HE COUNTED 1, 2, 3, 4, 5â¦, AND THEN RETURNED HIS FOOT TO THE GROUND AND QUIT THE EXERCISE. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I INSTRUCTED HIM TO KEEP HIS LEFT FOOT ON THE WHITE FOG LINE WITH HIS RIGHT FOOT HEEL TO TOE DIRECTLY BEHIND IT. HE WAS UNABLE TO KEEP HIS RIGHT FOOT BEHIND HIS LEFT FOOT AND HAD TO KEEP HIS FEET SIDE BY SIDE FOR BALANCE. THE DEFENDANT WAS SWAYING AS I WAS EXPLAINING AND DEMONSTRATING THE TASK. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO STAY ON THE WHITE LINE AND UNABLE TO WALK HEEL TO TOE. HE TOOK 11 STEPS BEFORE TURNING. ON HIS WAY BACK HE TOOK 10 STEPS AND WAS UNABLE TO WALK HEEL TO TOE. HE WAS INSTRUCTED TO WALK ONLY NINE STEPS. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED SIDE TO SIDE AND COULD NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE. HE DID NOT TILT HIS HEAD BACK AS INSTRUCTED AND CONTINUED TO TOUCH THE BRIDGE OF HIS NOSE INSTEAD OF THE TIP OF HIS NOSE. TASK FIVE ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SANG THE ALPHABET INSTEAD OF SPEAKING IT AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, WITH TWO SETS OF HANDCUFFS. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PREPRINTED AGENCY ISSUED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. HE ADVISED THAT HE HAD CONSUMED ALCOHOL BEVERAGES PRIOR TO THE TRAFFIC STOP. HE STATED THAT HE WAS AT A FRIEND'S RESIDENCE WHILE HE CONSUMED THE ALCOHOLIC BEVERAGES. 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 STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. DEPUTY REYNOLDS REMAINED ON SCENE TO WAIT FOR KNIGHTLY AUTO TO ARRIVE AND TOW THE DEFENDANT'S VEHICLE TO THEIR IMPOUND YARD. DEPUTY REYNOLDS ALSO ISSUED THE DEFENDANT WRITTEN WARNING NUMBER 366534B, FOR DRIVING LEFT OF CENTER, ALONG WITH WRITTEN WARNING NUMBER 366535B, FOR OPERATING A MOTOR VEHICLE WITH AN EXPIRED DECAL, LESS THAN SIX MONTHS. 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. 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 4989XDX, WITH A MANDATORY COURT APPEARANCE ON 031314, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DUI PACKET WAS TURNED IN TO RECORDS AND THE IN CAR DASH VIDEO OF THE FIELD SOBRIETY TASKS WAS TURNED IN TO EVIDENCE. |
