| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR14-12064) 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 092014 WHILE WORKING AN OFF DUTY DETAIL I WAS ADVISED THAT A VEHICLE HAD COLLIDED WITH THE WOODEN FENCE THAT WAS ATTACHED TO MACREAâS OF HOMOSASSA (THE SHED). I WALKED OVER TO THE PARKING LOT OF THE SHED AND DID OBSERVE A BLACK IN COLOR GMC PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE NUMBER CQTX83, TO BE RESTING IN A MOTORCYCLE PARKING SPACE. THE FRONT RIGHT OF THE VEHICLE TO BE TOUCHING THE WOODEN FENCE THAT SEPARATES THE PARKING LOT FROM THE EATING AREA. DEPUTIES ON SCENE HAD THE DRIVER OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT, MR ROBERT WAYNE KIRKLAND, OUT OF THE VEHICLE LEANING ON THE REAR TAILGATE OF THE VEHICLE. THE PASSENGER, MR SAMUEL DALE GILLIAM, WAS ALSO LEANING AGAINST THE TAILGATE. UPON LOOKING INTO THE DRIVERâS SIDE WINDOW I WAS ABLE TO OBSERVE AN OPENED CONTAINER OF BUD LIGHT BEER CAN WHICH WAS SPILLED ON THE FLOOR BOARD OF THE DRIVERâS SIDE. I FIRST MADE CONTACT WITH THE WITNESSES WHO WERE SITTING AT THE TABLE DIRECTLY ON THE OTHER SIDE OF THE WOODEN FENCE. THERE WERE THREE ADULTS AND THREE YOUNG JUVENILES SITTING AT THIS TABLE. ALL THE WITNESSES ADVISED THAT THE DEFENDANT WAS DRIVING THE VEHICLE. THEY ADVISED THAT AS THE DEFENDANT DROVE THE BLACK PICKUP TRUCK INTO THE PARKING SPOT, THE VEHICLE STRUCK THE WOODEN FENCE. THE WITNESSES ADVISED THAT THE DEFENDANT DID APPEAR INTOXICATED AND IMMEDIATELY NOTIFIED LAW ENFORCEMENT. I THEN MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT DID EMANATE A STRONG ODOR OF ALCOHOLIC BEVERAGE FROM HIS BREATH AND PERSON. THE DEFENDANTâS APPEARANCE WAS DISHEVELED AND HE DID HAVE RED, BLOODSHOT WATERY EYES. I ASKED THE DEFENDANT FOR HIS NAME AND ASKED WHAT HAD OCCURRED. THE DEFENDANT SPOKE IN A VERY SLURRED SPEECH. I THEN ADVISED THE DEFENDANT THAT I BELIEVED HIM TO BE UNDER THE INFLUENCE OF ALCOHOL AND ADVISED HIM THAT THIS INVESTIGATION WAS BEEN CHANGED FROM A TRAFFIC ACCIDENT INVESTIGATION TO A DUI INVESTIGATION. THE DEFENDANT ADVISED THAT HE UNDERSTOOD. I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASK TO WHICH HE ADVISED THAT HE WOULD. ADDITIONAL UNITS BLOCKED THE PARKING LOT FROM ANY ADDITIONAL TRAFFIC. THE PARKING LOT WAS WET DUE TO RECENT RAIN BUT THE RAIN HAD STOPPED APPROXIMATELY ONE HOUR OR MORE BEFORE THIS TIME. THE CROWD WAS KEPT AWAY TO NO INTERFERE WITH THE INVESTIGATION. THE PARKING LOT WAS LIT USING VEHICLE SPOTLIGHTS AND HEADLIGHTS, ALONG WITH EXISTING PARKING LOT LIGHTS. I OBSERVED THE DEFENDANT TO BE WEARING FLIP FLOPS AND ASKED IF HE WOULD PREFER TO REMOVE THE SHOES PRIOR TO ATTEMPTING THE TASK, WHICH HE DECLINED. I THEN ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES; AND HE ADVISED THAT HE DOES WEAR GLASSES FULL TIME AND IS LEGALLY BLIND IN HIS LEFT EYE. THE DEFENDANT FURTHER STATED THAT HE ALSO HAS MEDICAL PROBLEMS WITH HIS RIGHT EYE. THE DEFENDANT DID NOT ADVISE OF ANY FURTHER MEDICAL ISSUES THAT WOULD LIMIT HIS ABILITY TO PERFORM THE TASK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS WAS NOT PERFORMED DUE TO THE DEFENDANTâS MEDICAL PROBLEMS WITH HIS VISION. TASK TWO, ONE LEG STAND. PRIOR TO PERFORMING THIS TASK, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE, WAVED SIDE TO SIDE MORE THAN SIX INCHES, AND HAD TO RETURN HIS FOOT TO THE GROUND THREE TIMES. THE DEFENDANT COUNTED TO 23, AND THIS EXERCISE WAS STOPPED BEFORE COMPLETION FOR THE DEFENDANTâS SAFETY . TASK THREE, FINGER TO NOSE. PRIOR TO PERFORMING THIS TASK, THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO LISTEN TO DIRECTIONS, AND BEGAN BEFORE I HAD COMPLETED TELLING HIM THE INSTRUCTIONS. THE DEFENDANT FAILED TO PLACE HIS FINGER TO HIS NOSE. THE DEFENDANT DID SWAY BACK AND FORTH MORE THAN SIX INCHES TASK FOUR, WALK AND TURN. PRIOR TO PERFORMING THIS TASK, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, THE DEFENDANT BEGAN TOO EARLY, AND COULD NOT MAINTAIN HIS BALANCE. THE DEFENDANT THEN REQUESTED TO REMOVE HIS FLIP FLOPS FOR THIS TASK AND TASK ONLY. HOWEVER, THE DEFENDANT WAS STILL UNABLE TO MAINTAIN A STRAIGHT LINE AND HAD TO STEP OFF OF THE LINE SEVERAL TIMES. INITIALLY, THE DEFENDANT DID NOT WALK HEEL TO TOE, AND USED HIS ARMS FOR BALANCE. THE DEFENDANT REPEATEDLY STEPPED OFF THE LINE. THE DEFENDANT TOOK AN INCORRECT NUMBER OF STEPS AND COUNTED NINE, THEN NINE AGAIN ON THE TENTH STEP. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT AND 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 IMPLIED CONSENT, AND HE ADVISED THAT HE DID CONSENT TO A LAWFUL TEST OF HIS BREATH TO DETERMINE THE ALCOHOL CONTENT OF HIS BLOOD. I SPOKE WITH THE PASSENGER OF THE VEHICLE, WHO ADVISED THAT THE DEFENDANT WAS HIS FATHER. THE PASSENGER STATED THAT HE HAD TOLD HIS FATHER THAT HE WAS TOO IMPAIRED TO DRIVE AND THEY SHOULD HAVE LEFT AN HOUR PRIOR. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELINQUISHED TO HIS DAUGHTER WHO RESPONDED TO THE SCENE. UPON MOVING THE TRUCK FROM THE FENCE, THE OWNER OF THE BUSINESS ADVISED THAT THEY DID NOT WISH FOR A VEHICLE ACCIDENT REPORT TO BE GENERATED, AS THERE WAS NO SIGNIFICANT DAMAGE. I DID PHOTOGRAPH THE SCENE . 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/HER BREATH WITH THE TEST RESULTS BEING 0.115 AND 0.115. 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 4680XDX3 WITH A MANDATORY COURT APPEARANCE OF 101614 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5360GZPX, FOR OPEN CONTAINER WITH A FINE OF $166.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. A DUI PACKET WAS SUBMITTED TO RECORDS. |
