| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR09110895) 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 090909 AT 0052 HOURS, I WAS TRAVELLING WESTBOUND ON STATE ROAD 44 APPROACHING PINE AVENUE. THE WEATHER WAS CLEAR WITH LITTLE TO NO WIND AND THE ROAD CONDITIONS WERE DRY WITH NO KNOWN DEFECTS. I OBSERVED A WHITE JEEP CHEROKEE TRAVELLING EASTBOUND ON STATE ROAD 44. AFTER THE VEHICLE PASSED ME, I OBSERVED IN MY DRIVER'S REAR VIEW MIRROR THAT THE RIGHT TAIL LAMP AREA WAS DISPLAYING A WHITE LIGHT AND NOT A RED LIGHT. I TURNED AROUND, CAUGHT UP WITH THE VEHICLE AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE PARKING LOT OF CITRUS PLAZA IN INVERNESS. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR ROBERT ALAN DAY, JUNIOR. AT THAT POINT, I COULD DETECT A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE VEHICLE. I ALSO OBSERVED THAT THE DEFENDANT'S EYES WERE GLASSY AND WATERY, HIS EYELIDS WERE DROOPY AND HIS SPEECH WAS SLIGHTLY SLURRED. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. THE DEFENDANT REACHED INTO THE GLOVE BOX AND GRABBED SOME PAPERS. THE DEFENDANT FUMBLED THROUGH THE PAPERS UNTIL HE LOCATED THE CORRECT REGISTRATION. THE DEFENDANT WAS NOT ABLE TO PRODUCE HIS DRIVER'S LICENSE BUT STATED HE DID HAVE A VALID FLORIDA DRIVER'S LICENSE. A COMPUTER CHECK OF THE DEFENDANT REVEALED NEGATIVE WANTS OR WARRANTS AND A VALID FLORIDA DRIVER'S LICENSE. I REQUESTED THE DEFENDANT EXIT HIS VEHICLE AND APPROACH MY PATROL VEHICLE. THE DEFENDANT COMPLIED AND I OBSERVED HE WAS UNSTEADY IN HIS MOVEMENTS. I ISSUED THE DEFENDANT CITATION NUMBER 1073-RPA2, FOR FAILURE TO CARRY/DISPLAY DRIVER'S LICENSE, AND WRITTEN WARNING NUMBER 99011529, FOR THE TAIL LAMP IMPROPERLY DISPLAYED. WHILE SPEAKING WITH THE DEFENDANT, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING AND HE REPLIED NO. I ASKED THE DEFENDANT IF ANYONE ELSE AROUND HIM HAD BEEN DRINKING AND HE STATED NO. I NEXT REQUESTED THE DEFENDANT TO SUBMIT TO A SERIES OF FIELD SOBRIETY 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 HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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 COULD NOT MAINTAIN HIS BALANCE WHILE LISTENING TO INSTRUCTIONS, STOPPED WALKING TO STEADY HIMSELF, STEPPED OFF THE LINE AT STEP TWO, SIX, SEVEN AND STEPS EIGHT AND NINE AND THE RETURN NINE STEPS. HE DID NOT TOUCH HEEL TO TOE ON STEPS TWO, SIX, SEVEN, EIGHT AND NINE. HE TOOK AN INCORRECT NUMBER OF STEPS ON THE FIRST NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASKS (PUTS FOOT DOWN THREE TIMES.) TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOUCHED UNDER HIS NOSE. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. THE DEFENDANT WAS TURNED OVER TO CORRECTIONAL OFFICER MAZERALLE FOR A TEST OF THE DEFENDANT'S BREATH WITH THE TEST RESULTS BEING.126 AND .126.. THE DEFENDANT WAS CHARGED WITH DUI, UNLAWFUL BLOOD ALCOHOL. HE WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 2190-XBG-2 WITH A MANDATORY COURT APPEARANCE DATE TO BE SET BY THE JUDGE. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. PRIOR TO LEAVING THE SCENE THE DEFENDANT REQUESTED HIS VEHICLE BE RECOVERED BY HIS PARENTS. ATTEMPTS WERE MADE TO CONTACT HIS PARENTS WITH NEGATIVE RESULTS. THE VEHICLE WAS REMOVED BY ED'S TOWING. THE PASSENGERS IN THE DEFENDANT'S VEHICLE WERE AS FOLLOWS: eric w johnson, DATE OF BIRTH 093090 mariah h grimes, DATE OF BIRTH 021991 rachel m orosz, DATE OF BIRTH 112289 levi j cooper, DATE OF BIRTH 022390 *NOT-EXEMPT* |
