| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR11122769) 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 091611 AT APPROXIMATELY 0207 HOURS, I WAS DISPATCHED AS BACK UP FOR DEPUTY MATOS IN REFERENCE TO A TRAFFIC STOP AT THE CORNER OF WEST HIGHWAY 44 AND NORTH HEART PATH IN CRYSTAL RIVER. UPON ARRIVAL, DEPUTY MATOS ADVISED THAT HE OBSERVED THE VEHICLE, A BLACK FORD MUSTANG; PERFORM A BURN OUT WHILE LEAVING THE PARKING LOT OF A NEARBY BAR. HE ADVISED THAT WHEN HE MADE CONTACT WITH THE DRIVER HE OBSERVED THE SMELL OF ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE AND THAT THE DRIVER'S SPEECH WAS SLURRED. DEPUTY MATOS ADVISED THAT THE DRIVER TOLD HIM THAT HE HAD TWO BEERS. I MADE CONTACT WITH THE DRIVER WHO WAS SEATED BEHIND THE WHEEL OF THE VEHICLE. I ASKED THE DRIVER IF HE HAD ANYTHING TO DRINK THIS EVENING TO WHICH HE ADVISED THAT HE HAD ONE BEER AT A FRIENDS HOUSE APPROXIMATELY THREE HOURS AGO. I ASKED THE DRIVER IF HE FELT HE WAS SAFE TO DRIVE, TO WHICH HE ADVISED YES. I ASKED THE DRIVER IF HE WOULD BE WILLING TO STEP OUT OF THE VEHICLE AND PERFORM SOME SOBRIETY TASKS TO SEE IF HE WAS IN FACT SAFE TO OPERATE THE VEHICLE, TO WHICH HE ADVISED THAT HE WOULD. 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 A DAMAGED RIGHT KNEE. 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 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 PRIOR TO BEING DIRECTED. HE ALSO HAD DIFFICULTY KEEPING HIS BALANCE DURING THE INSTRUCTION PHASE. THE DEFENDANT MISSED THE HEEL TO TOE ON THE SECOND STEP ON THE INITIAL SERIES OF STEPS AND STEPPED OFF THE LINE. THE DEFENDANT THEN IMPROPERLY TURNED BY PIVOTING IN PLACE INSTEAD OF BY USING A SERIES OF SMALL STEPS AS DIRECTED. ON THE SECOND SERIES OF STEPS, THE DEFENDANT STEPPED ON HIS LEFT FOOT WITH HIS LEFT HEEL ON THE SECOND STEP AND THEN ATTEMPTED TO TAKE THE NEXT STEP BUT WAS UNABLE TO AS HE WAS STANDING ON IT. THE DEFENDANT THEN STEPPED OFF THE LINE WITH HIS RIGHT FOOT TO REPOSITION HIS FEET AND THEN CONTINUE ON. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO BE REMINDED TO RAISE HIS FOOT SIX INCHES OFF OF THE GROUND AND TO LOOK AT HIS TOES. THE DEFENDANT ALSO STUMBLED OVER RECITING THE COUNT AND REACHED A COUNT OF 22 DURING THE 30 SECONDS. THE DEFENDANT ALSO SWAYED DURING THE TASK. 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS PARENTS. 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 .163 AND .157. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 7210XGA2 WITH A MANDATORY COURT APPEARANCE ON 100311 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
