| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR11121647) 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(1); ON 070911, I WAS TRAVELLING NORTHBOUND ON NORTH SUNCOAST BOULEVARD IN THE AREA OF WEST VENABLE STREET IN CRYSTAL RIVER . I OBSERVED A SILVER HONDA IN FRONT OF ME TRAVELLING AT A HIGH RATE OF SPEED. I ESTIMATED THE VEHICLE TO BE TRAVELLING AT 60 MILES PER HOUR (MPH) IN A POSTED 40 MILES PER HOUR (MPH) ZONE. I GOT BEHIND THE VEHICLE AND PACED THE VEHICLE AND ACTIVATED MY RADAR WHICH READ THAT WE WERE TRAVELLING AT 61 MPH 45 MPH. I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE BEARING FLORIDA TAG 866UK. I APPROACHED THE DRIVER'S SIDE DOOR AND ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER. THE DRIVER HANDED ME HIS FLORIDA DRIVER'S LICENSE IDENTIFYING HIM AS ROBERT JAMES MC GONIGAL. HE ALSO HANDED ME HIS VEHICLE REGISTRATION AND I AGAIN ASKED FOR HIS INSURANCE CARD, WHICH HE PRODUCED. DURING THIS TIME, I OBSERVED THE DEFENDANT'S, MR MC GONIGAL, EYES WERE BLOODSHOT AND EXTREMELY GLASSY. THE DEFENDANT WAS SMOKING A CIGARETTE AT THE TIME AND KEPT BLOWING THE SMOKE OUT THE WINDOW. AS HE WAS DOING THIS, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I ASKED THE DEFENDANT HOW MUCH HE HAD BEEN DRINKING. HE STATED TO ME THAT HE HAD ONLY A COUPLE OF BEERS. I WENT BACK TO MY PATROL VEHICLE AND CALLED FOR AN ADDITIONAL BACK-UP UNIT, WHILE I RAN THE DEFENDANT'S INFORMATION TO SEE IF HE HAD A VALID FLORIDA DRIVER'S LICENSE. UPON DEPUTY DERA ARRIVING ON SCENE, I REPOSITIONED MY PATROL VEHICLE SO THAT I COULD PERFORM FIELD SOBRIETY EXERCISES. I THEN APPROACHED THE DEFENDANT AND ASKED HIM TO EXIT HIS VEHICLE TO PERFORM FIELD SOBRIETY EXERCISES, TO WHICH HE COMPLIED. 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 DID NOT. 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. THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS. IN THE FIRST ATTEMPT, HE KEPT MOVING HIS HEAD RIGHT TO LEFT. ON THE SECOND ATTEMPT, HE WOULD LOOK RIGHT AND KEEP HIS EYES THERE, THEN LOOK FORWARD AND THEN LOOK TO THE LEFT AND THEN LOOK FORWARD AGAIN, EVEN WHEN MY PEN WAS NOWHERE NEAR THE RIGHT OR LEFT. HE COULD NOT FOLLOW MY PEN MOVEMENT ON BOTH ATTEMPTS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ONLY LIFTED HIS LEG TO THE COUNT OF SEVEN ON THE FIRST ATTEMPT, PUT HIS ARMS OUT FOR BALANCE. ON THE SECOND ATTEMPT, HE DID NOT LIFT HIS FOOT SIX INCHES OFF THE GROUND AND ONCE AGAIN USED HIS ARMS FOR BALANCE. TASK THREE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED, BUT WAS ABLE TO CITE THE ALPHABET CORRECTLY. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, DID NOT TOUCH HEEL TO TOE AND LOST HIS BALANCE WHEN HE MADE THE PIVOT TO TURN AROUND. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AND MISSED THE TIP OF HIS NOSE. 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS FEMALE COMPANION, WHO WAS SOBER IN THE PASSENGER SEAT PER THE DEFENDANT'S REQUEST. 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 .030 AND .029. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 3527-GQF-5 WITH A MANDATORY COURT APPEARANCE ON 072811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING 325628B FOR DOING 61 MPH IN A 45 POSTED MILES PER HOUR (MPH) ZONE. IT SHOULD BE NOTED WHILE EN ROUTE TO THE DETENTION FACILITY THAT THE DEFENDANT STATED THAT HE HAD TWO AND A HALF BEERS AT CLUB OCTANE. HE STATED THAT HE HAD STOPPED DRINKING AT APPROXIMATELY 2300 HOURS. UPON MY ARRIVAL AT THE DETENTION FACILITY, IT TOOK THE DETENTION STAFF APPROXIMATELY 15 MINUTES TO BRING THE DEFENDANT INSIDE. IT TOOK THEM OVER AN HOUR TO ADMINISTER THE BREATH TEST TO HIM. THE DEFENDANT WAS BROUGHT INTO THE INTOXILYZER ROOM AT 0303 HOURS THIS IS WHEN THE 20 MINUTES OBSERVATION PERIOD BEGAN. THEY DID NOT ADMINISTER THE FIRST BREATH TEST UNTIL 0342 HOURS WHICH IS WELL PAST THE 20 MINUTE OBSERVATION PERIOD. THE SECOND BREATH TEST WAS NOT ADMINISTERED UNTIL 0345 HOURS. THIS IS WHY THE BREATH RESULTS WERE LOW DUE TO THE DELAY FROM THE DETENTION STAFF. THE DEFENDANT WAS ARRESTED AT 0229 HOURS WHICH IS WELL OVER AN HOUR AFTER THE FIRST BREATH TEST. WHEN I ASKED THEM WHAT THE DELAY WAS HE STATED THAT HE WAS TEACHING A NEW OFFICER AND IT TOOK LONGER THAN NORMAL. HE STATED THAT HE ALSO HAD TO WAIT FOR THE SECOND OFFICER TO COME DOWN FROM THE POD HE WAS WORKING. NO FURTHER INFORMATION. THE FIELD SOBRIETY EXERCISES WERE TAPED VIA IN CAR VIDEO AND WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. *NOT-EXEMPT* "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.” |
