| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR10118587) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 122810 AT APPROXIMATELY 1534 HOURS, THERE WAS A REPORT OF A RECKLESS DRIVER HEADING WESTBOUND ON 44 TOWARDS CRYSTAL RIVER. DEPUTIES WERE DISPATCHED TO THE AREA IN ATTEMPTS TO LOCATE A 2008 CHEVY BLUE IN COLOR PICKUP WITH A FLORIDA TAG OF F407WK. THE VEHICLE WAS LAST SEEN AT THE INTERSECTION OF HIGHWAY 44 AND US 19 ATTEMPTING TO MAKE A LEFT TURN SOUTHBOUND. AT THAT TIME, DEPUTIES LOCATED A VEHICLE MATCHING THE DESCRIPTION PARKED IN THE PARKING LOT BEHIND WALGREENS LOCATED AT 310 NORTHEAST HIGHWAY 19 CRYSTAL RIVER. AT THAT TIME, DEPUTY BRIAN COLEMAN ATTEMPTED TO MAKE CONTACT WITH THE DRIVER WHO WAS SLUMPED OVER AND APPEARED TO BE SLEEPING. THE VEHICLE WAS RUNNING AND BOTH WINDOWS WERE ROLLED UP. AT THAT TIME, DEPUTY COLEMAN WAS ABLE TO WAKE UP THE DRIVER WHO IMMEDIATELY TURNED OFF THE VEHICLE, TOOK THE KEYS OUT OF THE IGNITION, AND THREW THEM ON THE FLOOR BOARD. DEPUTY COLEMAN, AFTER MAKING CONTACT WITH THE DRIVER, IMMEDIATELY SMELLED A STRONG ODOR OF ALCOHOL, WHICH HE STATED SMELLED LIKE RUM COMING FROM THE DRIVER. THE DRIVER WAS THE ONLY OCCUPANT OF THE VEHICLE. THE DRIVER WAS IDENTIFIED AS MR ROBERT LUTHER (DEFENDANT) WHO ADMITTED TO DEPUTY COLEMAN THAT HE HAD AT LEAST FIVE DRINKS PRIOR TO HIM STOPPING IN THE PARKING LOT AND THAT HE CAME FROM INVERNESS. DEPUTY COLEMAN ALSO LOCATED A LARGE PLASTIC CUP APPROXIMATELY A QUARTER FULL CONTAINING WHAT APPEARED TO BE RUM AND COKE IN THE MIDDLE CONSOLE OF THE PICKUP. THE DRIVER ADMITTED TO HIM THAT THE MIXED DRINK CONTAINED RUM AND COKE AND IT WAS HIS, WHICH HE HAD BEEN DRINKING OUT OF. ALSO LOCATED IN THE BACK SEAT OF THE PICKUP WAS A CLEAR GLASS BOTTLE OF CRUZAN RUM 750 MILLILITER BOTTLE, WHICH WAS APPROXIMATELY HALF FULL. AT THAT TIME, DEPUTY COLEMAN ADMINISTERED FIELD SOBRIETY TASKS. AT THAT TIME, DEPUTY COLEMAN 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 DID NOT. THE DEFENDANT HAD GLASSY EYES SLURRED SPEECH AND HIS EYES WERE BLOODSHOT. 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. I WAS ADVISED THAT THE SUBJECT WAS UNABLE TO FOLLOW DIRECTIONS GIVEN BY DEPUTY COLEMAN AND HE KEPT ON MOVING HIS HEAD LEFT TO RIGHT. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS. WHILE RAISING HIS RIGHT LEG HE WAS UNABLE TO KEEP HIS LEG UP AND PLACED HIS FOOT DOWN APPROXIMATELY TWO ONE TO TWO SECONDS AFTER HE HAD RAISED HIS LEG AND BEGAN HOPPING BACKWARDS, AT WHICH TIME, DEPUTY COLEMAN HAD TO GRAB HIM TO PREVENT HIM FROM FALLING. DEPUTY COLEMAN STOPPED THAT TASK TO PREVENT THE SUBJECT FROM POSSIBLY HURTING HIMSELF. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO TAKE NINE HEEL TO TOE STEPS, KEPT ON STEPPING OFF THE LINE ON EACH STEP, AND WAS UNABLE TO COMPLETE THE TASK CORRECTLY. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK CORRECTLY AND FOLLOW DIRECTIONS. ON EACH ATTEMPT THE DEFENDANT RAISED HIS RIGHT AND LEFT ARMS TOWARDS HIS FACE. THE SUBJECT ATTEMPTED TO TOUCH HIS NOSE WITH HIS INDEX FINGER, BUT KEPT ON TAPPING HIS LEFT OR RIGHT EYE WITHOUT TOUCHING HIS NOSE. HE WAS UNABLE TO COMPLETE THE TASK CORRECTLY AS DEMONSTRATED. 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 WAS NOT SURE IF HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT SECURED IN THE REAR PARKING LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7149XDOX, WITH A MANDATORY COURT APPEARANCE OF 011311 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6079-GJX6, FOR OPEN CONTAINER WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. "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 YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
