| Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (2012-1833AR) 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(1); AND THE DEFENDANT DID WHILE HIS LICENSE WAS SUSPENDED WHICH WAS LATER VERIFIED THROUGH NCIC/FCIC DRIVE ON THE STREETS OR ROADWAYS IN THIS STATE AND COUNTY. THE DEFENDANT DID ALSO WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE TO THE EXTENT THAT HIS FACULTIES WERE IMPAIRED DRIVE ON THE STREETS OR ROADWAYS OF THIS COUNTY AND STATE. ON 070412, I WAS DISPATCHED IN REFERENCE TO A SUSPECTED DRUNK DRIVER TO THE CHEVRON GAS STATION IN CRYSTAL RIVER. UPON MY ARRIVAL, I MET WITH SGT FIELDS (0081), WHO TOLD ME THE FOLLOWING. HE HAD BEEN DISPATCHED TO THE CHEVRON STATION IN REFERENCE TO A DRUNK DRIVER DRIVING A WHITE CHEVROLET PICKUP TRUCK WITH NO TAILGATE. UPON BEING DISPATCHED SGT FIELDS WAS LESS THAN A BLOCK AWAY FROM THE CHEVRON STATION AND AS HE ARRIVED HE OBSERVED A WHITE CHEVROLET PICKUP WITH NO TAILGATE BEING DRIVEN BY A SUBJECT LATER IDENTIFIED AS THE DEFENDANT, MR RICHARD PULVER, EXITING THE CHEVRON STATION IN PREPARATION TO TURN ONTO US HIGHWAY 19. HE ADVISED AS HE TURNED INTO THE CHEVRON PARKING LOT THE DEFENDANT REVERSED DIRECTIONS AND BACKED HIS TRUCK UP INTO THE PARKING LOT AND HE OBSERVED THE DEFENDANT EXIT THE VEHICLE. AT THAT TIME, HE MADE CONTACT WITH THE DEFENDANT AND HAD THE DEFENDANT REMAIN AT HIS VEHICLE UNTIL MY ARRIVAL. UPON MY ARRIVAL, I IDENTIFIED MYSELF TO THE DEFENDANT. WHILE SPEAKING TO HIM I DETECTED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS EYES WERE GLASSY AND HE WAS UNABLE TO STAND WITHOUT SWAYING. I ADVISED THE DEFENDANT OF WHO I WAS AND REQUESTED THAT HE SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS DUE TO HIS OBVIOUS IMPAIRED CONDITION. THE DEFENDANT ADVISED THAT HE WOULD SUBMIT TO THOSE TASKS. AT THAT TIME, WE MOVED TO THE FRONT OF MY PATROL VEHICLE AND THE IN-CAR CAMERA WAS ACTIVATED. THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. PRIOR TO BEGINNING THESE TASKS, 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 HAS A BAD BACK AND HE WOULD NOT ABLE TO WALK IN A STRAIGHT LINE DUE TO HIS BAD BACK. PRIOR TO THE DEFENDANT MAKING THIS STATEMENT I HAD OBSERVED HIM WALK FROM THE REAR OF HIS VEHICLE APPROXIMATELY 30 FEET TO THE FRONT OF MY PATROL VEHICLE. ASIDE FROM THE STAGGERING THAT WOULD BE TYPICALLY ASSOCIATED WITH AN INTOXICATED PERSON, I SAW NO INDICATION THAT THE DEFENDANT WAS FAVORING HIS BACK. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS, BUT DID HAVE DISTINCT HORIZONTAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD MY INSTRUCTIONS. DURING THIS TASK, THE DEFENDANT INITIALLY ADVISED HE WOULD NOT BE UNABLE TO COMPLETE THIS TASK DUE TO HIS ALLEGED BAD BACK. HE DID ATTEMPT THIS TASK STARTING BEFORE BEING TOLD TO DO SO AND NOT STANDING CORRECTLY DURING THE INSTRUCTIONAL PHASE. HE DID NOT TOUCH HEEL-TO-TOE ON THE MAJORITY OF HIS STEPS. HE MADE AN INCORRECT TURN AND USED HIS HANDS FOR BALANCE ON A PORTION OF THE TASK. THE DEFENDANT PERFORMED POORLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT ADVISED HE WOULD NOT BE ABLE TO COMPLETE THIS TASK DUE TO HIS BAD BACK. HE REFUSED TO ATTEMPT TASK. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT BEGAN THIS TASK PRIOR TO BEING TOLD TO DO SO, DID NOT FOLLOW INSTRUCTIONS, DID NOT RETURN HIS HAND TO HIS SIDE AFTER ATTEMPTING TO TOUCH HIS NOSE ON ANY ATTEMPT WITHOUT PROMPTING. THE DEFENDANT DID NOT FOLLOW DIRECTIONS, MISSED THE TIP OF HIS NOSE FOUR OUT OF SIX TIMES. THE DEFENDANT PERFORMED POORLY. TASK FIVE, TIME ESTIMATION: THE DEFENDANT WAS THEN ASKED TO STAND WITH HIS FEET TOGETHER HEELS AND TOES, HANDS AT HIS SIDES WITH HIS HEAD BACK AND EYES CLOSED AND TO ESTIMATE WHEN 30 SECONDS HAD PAST. HE ADVISED HE UNDERSTOOD AND AT MY DIRECTION LEANED HIS HEAD BACK AND CLOSED HIS EYES. THE DEFENDANT AFTER 46 SECONDS OPENED HIS EYES, LOOKED AT THIS DEPUTY AND ASKED IF 30 SECONDS HAD PASSED YET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS READ IMPLIED CONSENT FROM MY AGENCY PRE-PRINTED CARD AND HE ADVISED HE UNDERSTOOD AND THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF THIS BREATH. I THEN PROCEEDED TO THE DEFENDANTâS VEHICLE WHERE I OBSERVED IN THE DRIVERâS CENTER CONSOLE AN OPEN PARTIALLY DRANK AND COLD TO THE TOUCH CORONA BEER. ALSO, THERE WAS A COLD TO THE TOUCH PARTIALLY CONSUMED FOUR LOCO ALCOHOLIC BEVERAGE IN A STYROFOAM COOLER LYING ON THE FLOOR OF THE BACK SEAT STUFFED BETWEEN THE CENTER CONSOLE AND THE BACK SEAT WELL WITHIN REACH OF THE DRIVER. INSIDE THE COOLER WERE ICE, TWO MORE FOUR LOCOS AND FIVE CHILLED CORONA BEERS. WHILE INVESTIGATING THE DEFENDANTâS VEHICLE I WAS ADVISED BY SGT FIELDS THAT THE DEFENDANTâS LICENSE WAS SUSPECTED FROM CONNECTICUT AND HE PROVIDED ME WITH THE DEFENDANTâS IDENTIFICATION CARD. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. HIS VEHICLE WAS LEFT ON SCENE PER HIS REQUEST AND WITH THE PERMISSION OF THE BUSINESS OWNER. UPON ARRIVAL AT THE JAIL THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .216 AND .208. THE DEFENDANT WAS ISSUED FLORIDA DUI CITATION NUMBER 4389-XDX3 FOR DUI WITH A MANDATORY COURT APPEARANCE OF 072612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED FUTC NUMBER 9271-FXZ7, FOR DRIVING ON A SUSPENDED LICENSE IN VIOLATION OF STATUTE NUMBER 322.34(2). HIS BOND WAS SET AT $500.00 FOR EACH VIOLATION, PER THE BOND SCHEDULE. |
