| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07004408) 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 081007 AT APPROXIMATELY 2134 HOURS, I WAS COMPLETING A TRAFFIC STOP AT THE INTERSECTION OF COUNTY ROAD 491 AND REGINA BOULEVARD WHEN I HEARD A LOUD SCRAPING SOUND BEHIND ME. UPON LOOKING BACK I OBSERVED A WHITE DODGE PICK-UP TRUCK TRAVELING SOUTHBOUND ON COUNTY ROAD 491. I OBSERVED THAT THERE WAS A LARGE AMOUNT OF SPARKS SHOOTING OUT FROM THE BACK OF THE VEHICLE. DUE TO THE DISTANCE BETWEEN MYSELF AND THE VEHICLE AND LIGHTING CONDITIONS I COULD NOT TELL IF THE VEHICLE WAS DRAGGING SOMETHING OR IF THE VEHICLE WAS RIDING ON ITS RIM. AT THAT TIME, I QUICKLY CLEARED MY TRAFFIC STOP AND ATTEMPTED TO CATCH UP TO THE VEHICLE. I WAS ABLE TO CATCH UP TO THE VEHICLE ON COUNTY ROAD 491 NORTH OF COUNTY ROAD 486 WHERE I OBSERVED THAT THE VEHICLE WAS STILL DRAGGING WHAT APPEARED TO BE A METAL TOOL BOX WHICH WAS ATTACHED TO A CABLE. THE CABLE APPEARED TO BE ATTACHED TO THE INTERIOR OF THE BED. AT THAT TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE AT THE INTERSECTION OF COUNTY ROAD 491 AND COUNTY ROAD 486. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR ROBERT JOBE, AT WHICH TIME, HE ASKED ME "IS IT MY TOOL BOX", TO WHICH I ADVISED HIM THAT HE WAS DRAGGING HIS TOOL BOX AND THAT IT WAS PRODUCING A LARGE AMOUNT OF SPARKS. THE DEFENDANT ADVISED THAT THE TOOL BOX MUST HAVE FALLEN FROM THE BACK OF HIS TRUCK. I ASKED THE DEFENDANT WHY HE DID NOT RAISE HIS TAILGATE TO KEEP HIS TOOL BOX FROM FALLING OFF THE BACK OF HIS TRUCK, TO WHICH HE ADVISED BECAUSE HE HAD PEOPLE RIDING ON THE BACK OF THE TRUCK EARLIER IN THE EVENING AND HAD FORGOT TO PUT THE TAILGATE BACK UP. HE STATED THAT THE TOOL BOX WAS ATTACHED TO THE CABLE TO PREVENT ANYONE FROM TAKING THE TOOL BOX FROM HIS TRUCK. WHILE SPEAKING WITH THE DEFENDANT I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO OBSERVED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY AND NOTICED THAT HIS SPEECH WAS SLURRED. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING, TO WHICH HE ADVISED THAT HE HAD FOUR TO FIVE BEERS. I ASKED THE DEFENDANT WHEN HE STOPPED DRINKING, TO WHICH HE STATED "JUST NOW." I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE ADVISED THAT HE WAS COMING FROM HOLDER WHERE HE HAD DROPPED SOMEONE OFF. I THEN OBSERVED THAT THERE WAS A WHEELCHAIR SITTING IN THE FRONT PASSENGER SEAT AND THAT THE VEHICLE HAD HAND CONTROLS. I THEN ASKED THE DEFENDANT IF HE WAS ABLE TO WALK, TO WHICH HE ADVISED THAT HE COULD NOT WALK AND THAT HE WAS PARALYZED. AT THAT TIME, I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. I ASSISTED THE DEFENDANT OUT OF HIS VEHICLE AND INTO HIS WHEELCHAIR. IT SHOULD BE NOTED THAT THE FIELD SOBRIETY TASKS WERE CONDUCTED ON THE ROADWAY IN FRONT OF THE DEFENDANT'S VEHICLE. I THEN ASKED THE DEFENDANT IF HE HAD ANY OTHER 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 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT KNEW RIGHT FROM LEFT. WHILE PERFORMING THIS TASK IT HAD TO BE EXPLAINED AND DEMONSTRATED TO THE DEFENDANT TWO ADDITIONAL TIMES DUE TO THE FACT THAT HE HAD FAILED TO RETURN HIS ARMS TO HIS SIDES ON THE FIRST TWO ATTEMPTS AS INSTRUCTED. ON THE THIRD ATTEMPT THE DEFENDANT DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE. TASK THREE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT DID READ AND WRITE THE ENGLISH LANGUAGE AND THAT HE KNEW THE ALPHABET FROM A TO Z. WHILE PERFORMING THIS TASK THE DEFENDANT INCORRECTLY CITED THE ALPHABET. TASK FOUR, DEXTERITY (FINGER TO THUMB). THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. WHILE PERFORMING THIS TASK THE DEFENDANT WAS UNABLE TO TOUCH THE TIP OF HIS FINGERS TO THE TIP OF HIS THUMB AS INSTRUCTED. THE DEFENDANT WAS UNABLE TO COUNT CORRECTLY AS INSTRUCTED AND THE DEFENDANT DID FOUR CYCLES OF THE TASK INSTEAD OF TWO AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. DUE TO THE DEFENDANT'S DISABILITY HE WAS NOT HANDCUFFED. DETECTIVE HOLDER RESPONDED TO THE SCENE IN REFERENCE TO TRANSPORTING THE DEFENDANT TO THE DETENTION FACILITY DUE TO THE FACT THAT THE DEFENDANT COULD NOT GET IN THE BACK OF MY PATROL VEHICLE. THE DEFENDANT WAS ADVISED OF HIS MIRANDA RIGHTS, TO WHICH HE STATED HE UNDERSTOOD AND REFUSED TO ANSWER ANY QUESTIONS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED FROM THE SCENE BY GREG'S TOWING. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS READ HIS IMPLIED CONSENT BY DETENTION FACILITY PERSONNEL REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT DID SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS OF .065 AND .063. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 5159-FGW, FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 083007 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5158-FGW, FOR UNLAWFUL DRAGGING OF A VEHICLE OR LOAD WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
