| Probable cause affidavit: |
SUBMITTED BY: ANSTEAD, LAURA 0459 (AR 14-10443) (14-69516) 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 052114, AT APPROXIMATELY 0100, I WAS PARKED NEXT TO SERGEANT CHRIS BALL IN THE PARKING LOT OF WELCHâS APPLIANCES ON MAIN STREET, INVERNESS. WHILE DISCUSSING WORK RELATED ISSUES, I HEARD THE SOUND OF A CAR HORN AND A VEHICLE ENGINE REVVING. AS I LOOKED UP I OBSERVED TWO VEHICLES APPROACHING THE STOP LIGHT IN THE PARKING LOT OF GRIFFâS BAR AT THE INTERSECTION OF MAIN STREET AND NORTH FLORIDA AVENUE. THERE WAS PICKUP TRUCK AND ANOTHER VEHICLE THAT WERE LEAVING THE PARKING LOT, POINTING IN THE DIRECTION TO HEAD SOUTH ON MAIN STREET. WHEN THE LIGHT TURNED GREEN, I HEARD ANOTHER CAR HORN AT WHICH TIME THE TRUCK PROCEEDED INTO THE APPROPRIATE LANE AND BEGAN HEADING SOUTH ON MAIN STREET. THE CAR BEHIND HIM AGGRESSIVELY ACCELERATED, RAPIDLY PULLING INTO THE INSIDE LANE OF TRAFFIC PASSING THE TRUCK WHILE IN THE MIDDLE OF THE INTERSECTION AND CONTINUED ACCELERATING CLEARLY EXCEEDING THE POSTED 45 MPH SPEED LIMIT. AS THE VEHICLE SPED PAST US I COULD SEE IT WAS A SILVER CORVETTE WITH A WHILE MALE DRIVER WITH SILVER HAIR. I PULLED OUT OF THE PARKING LOT AND PROCEEDED TO ATTEMPT TO CATCH THE VEHICLE. I PACED THE VEHICLE FOR APPROXIMATELY ONE MILE AND AS WE PASSED THE CITRUS COUNTY SHERIFF'S OFFICE OPERATIONS CENTER THE VEHICLE WAS PACED AT 60 MPH AND ACCELERATING. I ACTIVATED MY OVERHEAD LIGHTS AN SIREN AND ADVISED DISPATCH THAT I WAS CONDUCTING A TRAFFIC STOP. I PROVIDED THEM FL WITH FLORIDA LICENSE PLATE V732EJ. THE VEHICLE PULLED OVER IN THE MCDONALDS PARKING LOT LOCATED AT 240 S US HIGHWAY 41. I MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR ROBERT ALBERTS, BY HIS FLORIDA DRIVERâS LICENSE. MR ALBERTS IMMEDIATELY BEGAN APOLOGIZING, THAT HE WAS SORRY FOR HIS EXCESSIVE SPEED, HOWEVER HE WAS BEING CHASED. I COULD IMMEDIATELY SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM MR ALBERTS BREATH. I ALSO NOTICED THAT HIS FACE WAS FLUSH AND HIS EYES WERE RED AND BLOODSHOT. I ADVISED MR ALBERTS THAT I WAS AWARE HE WAS NOT BEING CHASED BECAUSE I HAD OBSERVED HIM EXIT THE PARKING LOT AND ACCELERATE AGGRESSIVELY PAST THE TRUCK HE WAS BEHIND. MR ALBERTS THEN STATED YES, I AGREE, BUT THE TRUCK HONKED AT ME FIRST. AFTER OBTAINING MR ALBERTSâ LICENSE AND REGISTRATION I RETURNED TO MY VEHICLE. AFTER RUNNING THE DEFENDANT THROUGH FCIC/NCIC AND DRIVER AND VEHICLE INFORMATION DATABASE, I DECIDED I WOULD GIVE THE DEFENDANT A WARNING FOR EXCESSIVE SPEED. I APPROACHED THE DEFENDANT AND REQUESTED HE EXIT THE VEHICLE, DUE TO MY BELIEF THAT HE WAS UNDER THE INFLUENCE OF ALCOHOL. I THEN REQUESTED HE PERFORM FIELD SOBRIETY TESTS WHICH HE AGREED TO DO. 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 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. THE DEFENDANT TOOK HIS EYES OFF OF THE FOCAL POINT MULTIPLE TIMES CAUSING ME TO RESTART THE TEST. 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, USED HIS ARMS FOR BALANCE, AND DID NOT STAY IN A STRAIGHT LINE. THE DEFENDANT DID NOT FOLLOW DIRECTIONS AS HE MERELY SAUNTERED DOWN, TURNED AND CAME BACK WITHOUT EVEN ATTEMPTING TO PERFORM THE TASK AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD HIS LEG UP FOR MORE THAN A SECOND. HE WAS PROVIDED FIVE OPPORTUNITIES TO COMPLETE THE TASK, HOWEVER HE WOULD LOOSE HIS BALANCE AND BEGIN TO FALL OVER UPON RAISING HIS FOOT FROM THE GROUND. TASK FOUR, ABCâS THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS HEAD TILTED BACK AND HE DID NOT KEEP HIS EYES CLOSED. THE DEFENDANT RECITED THE ALPHABET IN A RHYTHMIC FASHION EVEN THOUGH HE WAS SPECIFICALLY INSTRUCTED NOT TO. TASK FIVE, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO BE REMINDED MULTIPLE TIMES TO KEEP HIS HEAD BACK AND EYES CLOSED. THE DEFENDANT DID NOT POINT HIS INDEX FINGER AS INSTRUCTED AND INSTEAD USED ALL FOUR FINGERS ON EACH HAND TO ATTEMPT TO TOUCH THE TIP OF HIS NOSE. WHEN THE DEFENDANT WAS GIVEN THE COMMAND, HE ENDED UP TOUCHING THE AREA BETWEEN HIS UPPER LIP AND HIS NOSE EACH TIME. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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 STATED THAT HE WOULD OR WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONYâS COLLISION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .171 AND .164. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 0113XEJ2 WITH A MANDATORY COURT APPEARANCE OF 061214 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING FOR SPEEDING, 60 MPH IN A 35 MPH. |
