| Probable cause affidavit: |
SUBMITTED BY: SKINNER, RODNEY 0563 (AR10113888) 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 032010, AT APPROXIMATELY 0025 HOURS, I RESPONDED TO SR 200 AND ORCHARD DRIVE IN HERNANDO, IN REFERENCE TO ASSISTING CANINE DEPUTY PRICE ON A TRAFFIC STOP. UPON ARRIVAL, DEPUTY PRICE ADVISED THAT HE HAD OBSERVED A RED MERCEDES TRAVELLING SOUTH ON 200 ABOVE THE POSTED SPEED LIMIT, AND OBSERVED THE DRIVER /DEFENDANT, MR ROBERT BYRD, DRIVING ERRATICALLY. DEPUTY PRICE STATED THAT THE DEFENDANT HAD CROSSED THE CENTER LINE THEN DRIFTED BACK RIGHT AND DROVE OVER THE FOG LINE. DEPUTY PRICE ADVISED THAT HE MADE CONTACT WITH THE DEFENDANT AND COULD DETECT A STRONG ODOR OF ALCOHOL EMANATING FROM INSIDE THE VEHICLE. DEPUTY PRICE REQUESTED THAT THIS DEPUTY ASSUME AS PRIMARY OFFICER AND CONDUCT A DRIVING UNDER THE INFLUENCE INVESTIGATION. SEE DEPUTY PRICE'S SUPPLEMENTAL REPORT. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS SITTING IN THE DRIVER'S SEAT, AND I REQUESTED THAT HE EXIT HIS VEHICLE AND STEP TO THE REAR OF THE VEHICLE. THE DEFENDANT DID AT THAT TIME STEP OUT OF THE VEHICLE, WHICH I OBSERVED THAT HE WAS VERY UNSTEADY ON HIS FEET AND SWAYED BACK AND FORTH TO THE POINT THAT I THOUGHT HE WOULD FALL TO THE GROUND. I ASKED THE DEFENDANT IF HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES WITHIN THE PAST TWO HOURS, AND HE ADVISED THAT HE HAD TWO MIXED DRINKS CONSISTING OF VODKA AND ORANGE JUICE. AT THAT TIME, DEPUTY PRICE MADE ME AWARE THAT HE HAD OBSERVED IN PLAIN VIEW INSIDE THE DEFENDANT'S VEHICLE A HALF EMPTY LARGE BOTTLE OF VODKA AND A GLASS OF ORANGE JUICE. THE BOTTLE OF VODKA AND MIXED DRINK WAS SITTING ON THE CENTER CONSOLE AT THE FRONT OF THE CENTER CONSOLE NEAR THE DRIVER'S SEAT. I NOTICED THAT THE DEFENDANT'S SPEECH WAS SLOW AND SLURRED, HIS EYES GLASSY, AND I COULD DETECT A STRONG ODOR OF ALCOHOL ON HIS BREATH. THE DEFENDANT APPEARED DISORIENTED AND ADVISED HE WAS HEADING TO TALLAHASSEE, WHICH WAS NOT CONSISTENT WITH HIS DIRECTION OF TRAVEL AS OBSERVED BY DEPUTY PRICE. THE DEFENDANT WAS DRIVING SOUTH AWAY FROM HIS STATED DESTINATION. THE DEFENDANT WAS ASKED TO SUBMIT TO FIELD SOBRIETY TASKS 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 HAD BAD LEGS, BUT STILL AGREED TO ATTEMPT THE TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT WAS ASKED TO REMOVE HIS GLASSES. ALSO THE DEFENDANT HAD TO BE REMINDED SEVERAL TIMES NOT TO MOVE HIS HEAD. 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 STARTED THE TASK DURING THE INSTRUCTIONAL PHASE TWICE, AND FAILED TO TOUCH HEEL TO TOE ON THE FIRST AND SECOND NINE STEPS. THE DEFENDANT STUMBLED OFF THE LINE THREE TIMES, AND DID NOT COUNT OUT LOUD. THE DEFENDANT DID NOT MAKE A PROPER TURN AFTER THE FIRST NINE STEPS AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY PUT HIS FOOT DOWN BEFORE BEING INSTRUCTED TO STOP, AND COULD ONLY MAKE IT TO THE COUNT OF 1,003. THE DEFENDANT DID NOT KEEP HIS ARMS TO HIS SIDES AS INSTRUCTED, AND USED THEM TO ATTEMPT TO MAINTAIN HIS BALANCE. THE DEFENDANT DID NOT COUNT OUT LOUD. AFTER THREE ATTEMPTS, THE DEFENDANT STATED THAT HE COULD NOT PERFORM THE TASKS, AND STOPPED ON HIS OWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, AND WAS HAND CUFFED (DOUBLE LOCKED) IN THE FRONT, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR A BREATH TEST. PRIOR TO LEAVING THE SCENE, DEPUTY LAHERA COMPLETED A VEHICLE STORAGE SHEET, AND TURNED THE DEFENDANT'S VEHICLE OVER TO ADVANCED TOWING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY OFFICER SWETOKOS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .146 AND .148. 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 6959XDO, WITH A MANDATORY COURT APPEARANCE OF 040810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7499FYK, FOR OPEN CONTAINER OF ALCOHOL, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY PRICE ALSO ISSUED THE DEFENDANT A UNIFORM TRAFFIC CITATION, 9975ESG, FOR UNLAWFUL SPEED. ALL PAPERWORK WAS LATER TURNED INTO RECORDS. *NOT-EXEMPT* |
