| Probable cause affidavit: |
SUBMITTED BY: \tCORBIN, TERRY \t\t0288 (2012-1180AR) HINDERHOFER, EDDIE \t0667 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 (SECOND OFFENSE), .08 OR GREATER BLOOD ALCOHOL CONTENT (BAC), IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1)C; AND DID, KNOWING HIS DRIVER’S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, WITH PRIOR DUI CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2); AND THE DEFENDANT WAS PLACED ON PROBATION FOR DUI . HIS PROBATION COMMENCED ON 092711. THE DEFENDANT DID VIOLATE THE TERMS OF HIS PROBATION IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 948.06, TO WIT: ARRESTED FOR DUI 051612. ON 051612 AT APPROXIMATELY 0100 HOURS, I RESPONDED TO 450 SE HWY 19 IN CRYSTAL RIVER, AS BACKUP FOR DEPUTY VIGGIANO WHO HAD CONDUCTED A TRAFFIC STOP. UPON ARRIVAL, DEPUTY VIGGIANO ADVISED THAT HE HAD OBSERVED THE DRIVER, WHO WAS LATER IDENTIFIED AS MR ROBERT MAURO, DRIVING HIS RED GMC PICKUP BEARING FLORIDA TAG NUMBER 632-LAH SOUTHBOUND ON HIGHWAY 19. DEPUTY VIGGIANO ADVISED HE OBSERVED THE VEHICLE CHANGE LANES SEVERAL TIMES AND SWERVED ACROSS SEVERAL LANES OF TRAFFIC UNMINDFUL OF OTHER VEHICLES. DEPUTY VIGGIANO ALSO DETERMINED THAT THE DRIVER DID NOT HAVE A VALID FLORIDA DRIVER’S LICENSE. AT THAT TIME, I MADE CONTACT WITH MR MAURO, WHO APPEARED TO HAVE GLASSY EYES, SLURRED SPEECH AND I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ADVISED MR MAURO THAT I WAS CONDUCTING AN INVESTIGATION IN REFERENCE TO DRIVING UNDER THE INFLUENCE AND REQUESTED THAT HE SUBMIT TO SEVERAL FIELD SOBRIETY TASKS, TO WHICH HE STATED THAT HE WOULD. AT THAT TIME, I ESCORTED MR MAURO TO THE FRONT OF MY PATROL VEHICLE, WHICH WAS LOCATED IN THE BANK OF AMERICA PARKING LOT. THE SURFACE WAS A SMOOTH, PAVED PARKING LOT. AT THAT TIME, I ASKED MR MAURO 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 VISION PROBLEMS AND HE SHOULD NOT BE DRIVING AT NIGHT. HE ALSO ADVISED THAT HE HAD “ADD” AND OTHER MEDICAL PROBLEMS THAT AFFECT HIS BALANCE AND CONCENTRATION. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE SEVERAL TIMES. ALTHOUGH INSTRUCTED TO TAKE NINE STEPS HE PROCEEDED TO TAKE APPROXIMATELY 14 STEPS. THE DEFENDANT DID NOT TOUCH HEEL-TO-TOE SEVERAL TIMES AND MADE AN IMPROPER TURN. DURING THE SECOND NINE STEPS THE DEFENDANT DID NOT TOUCH HEEL TO TOE AND STEPPED OUT OF LINE AT LEAST ONCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN SEVERAL TIMES AFTER A FEW SECONDS AND THEN ADVISED THAT HE WAS NOT ABLE TO COMPLETE THE TASK AND ADVISED ME TO TAKE HIM TO JAIL. THE DEFENDANT WAS UNABLE TO KEEP HIS FOOT ELEVATED FOR MORE THAN ONE SECOND. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, DEPUTY FERGUSON PARKED THE DEFENDANT’S VEHICLE IN A SAFE LOCATION TO BE PICKED UP AT A LATER TIME. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO STAFF. THE DEFENDANT WAS READ HIS IMPLIED CONSENT BY JAIL STAFF. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .18 AND .161. DEPUTY REESE RAN THE DEFENDANT’S CRIMINAL HISTORY THROUGH NCIC/FCIC, WHICH REVEALED THAT HE HAD ONE PRIOR CONVICTION WITHIN THE LAST 10 YEARS FOR DUI WITH HIS LAST CONVICTION ON 092711. IT WAS ALSO DETERMINED THAT HE WAS ON PROBATION AND HIS LICENSE REVOKED IN REFERENCE TO DUI. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) BLOOD ALCOHOL CONTENT .08 OR MORE (SECOND OFFENSE) WITH BOND SET AT $1,000.00, DRIVING WHILE LICENSE SUSPENDED/REVOKED KNOWINGLY (REFERENCE DUI) WITH BOND SET AT $10,000.00 AND VIOLATION OF PROBATION (VOP) IN REFERENCE TO DUI. BOND FOR VOP SET AT . THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9721-XEI8, WITH A MANDATORY COURT APPEARANCE OF 053112 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8533-GQF1, FOR DWLS/R WITH KNOWLEDGE REFERENCE DUI, WITH A MANDATORY COURT DATE OF 053112 AT 1300 HOURS. HE WAS ISSUED WARNING CITATION NUMBER 345908B FOR FAILURE TO MAINTAIN A SINGLE LANE. A COPY OF THE DUI PAPERWORK WILL BE TURNED IN TO RECORDS. THE IN-CAR VIDEO WILL BE TURNED IN TO EVIDENCE. |
