| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR08103722) 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). ON 061308, THIS DEPUTY WAS DISPATCHED TO THE AREA OF STATE ROAD (SR) 200 IN REFERENCE TO A REPORT OF A RECKLESS DRIVER, WHO HAD BEEN OBSERVED DRIVING ALL OVER THE ROAD. THE VEHICLE WAS DESCRIBED AS A WHITE PICKUP TRUCK AND WAS LAST OBSERVED TRAVELING ON SR 200. THIS DEPUTY THEN PROCEEDED SOUTH ON HIGHWAY 41 IN AN ATTEMPT TO POSSIBLY INTERCEPT THE ABOVE VEHICLE. UPON ARRIVAL AT THE SR 200 AND HIGHWAY 41 INTERSECTION, THIS DEPUTY OBSERVED TWO WHITE TRUCKS WHICH COULD HAVE POSSIBLY BEEN THE SUSPECT VEHICLE. BUT UPON BOTH TRUCKS GOING THROUGH THE INTERSECTION AT SR 200 AND HIGHWAY 41, BOTH TURNED SOUTH, AT WHICH POINT, THE FIRST WHITE TRUCK SWUNG WIDE ON THE TURN, CROSSED ON THE WHITE OUTSIDE LINE, AND THEN CAME BACK ACROSS THE SOUTH BOUND LANE AND ENTERED THE NORTH BOUND LANE CROSSING ALMOST COMPLETELY OVER INTO THE NORTH BOUND LANE. THE VEHICLE THEN PROCEEDED TO GO BACK INTO THE SOUTH BOUND LANE, AT WHICH POINT, THIS DEPUTY CAUGHT UP TO THE SAID VEHICLE AND ACTIVATED MY OVERHEAD LIGHTS IN AN ATTEMPT TO PERFORM A TRAFFIC STOP AT THE INTERSECTION OF HIGHWAY 41 AND EAST LAKE PLACE. I ATTEMPTED TO MAKE A TRAFFIC STOP, AT WHICH TIME, THE VEHICLE CONTINUED SOUTH ON HIGHWAY 41 . THE VEHICLE THEN MADE A LEFT HAND TURN ON PARSONS POINT ROAD AND THEN PULLED OVER IN THE FIRST PARKING LOT ON THE RIGHT. AT THIS TIME, I MADE CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS MR RICKY TIDWELL. MR TIDWELL APPEARED TO BE VERY SLOW TO REACT, AND HAD A VERY BLANK LOOK ON HIS FACE. THE DRIVER'S MOVEMENTS WERE VERY SLOW TO REACT. THIS DEPUTY EXPLAINED TO THE DRIVER/DEFENDANT WHY I HAD STOPPED HIM AND ASKED IF HE HAD BEEN DRINKING AT ALL TO WHICH HE REPLIED HE HAD FOUR OR FIVE BEERS. AFTER BACK-UP ARRIVED ON SCENE, THIS DEPUTY THEN ADVISED THE DEFENDANT TO EXIT THE VEHICLE. 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 45 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 SLOWED TO STEADY HIMSELF BECAUSE OF A MIS-STEP, FAILED TO TOUCH HEEL TO TOE, AND FAILED TO CORRECTLY TURN AROUND. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN HOPPING IN ORDER TO MAINTAIN HIS BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGER. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. AT THIS TIME, THE DEFENDANT ADVISED THE LAST GRADE HE COMPLETED IN SCHOOL WAS THE EIGHTH GRADE AND HE DID KNOW THE ALPHABET. THE DEFENDANT BEGAN THE ALPHABET CORRECTLY BUT WAS NOT ABLE TO COMPLETE THE ALPHABET AS REQUIRED. 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 STATED HE WANTED AN ATTORNEY. 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 HE WANTED AN ATTORNEY. THE DEFENDANT WAS ADVISED BY THIS DEPUTY HE WAS NOT PROVIDED AN ATTORNEY AT THAT MOMENT. HE THEN DID NOT GIVE ME A CLEAR CUT ANSWER AS TO WHETHER HE WOULD PROVIDE A BREATH AND URINE SAMPLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HIS FAMILY PER HIS REQUEST. 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 .199 AND .177. 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 4082-XDX, WITH A MANDATORY COURT APPEARANCE DATE OF 070308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 208806-B FOR FAILURE TO MAINTAIN A SINGLE LANE. IT SHOULD BE NOTED THAT THE TRAFFIC STOP AND SOBRIETY TASKS ON SCENE WERE VIDEO TAPED. THE VIDEO WILL BE PLACED IN TO EVIDENCE. *NOT-EXEMPT* |
