| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR13-8189) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 120213, AT APPROXIMATELY 2113 HOURS, DETECTIVE CRAIG CALLAHAN WAS TRAVELING SOUTHBOUND ON US HIGHWAY 41, JUST SOUTH OF EDEN DRIVE, IN INVERNESS. HE ADVISED THAT HE HAD OBSERVED A SINGLE VEHICLE TRAVELING NORTHBOUND ON HIGHWAY 41 AT A HIGH RATE OF SPEED, WHICH HE ESTIMATED TO BE 60 TRAVELING AT A SPEED OF MPH, IN A POSTED 45 MPH ZONE. DETECTIVE CALLAHAN ADVISED THAT HE ACTIVATED HIS RADAR, WHICH CONFIRMED THAT THE SPEED OF THE TARGET VEHICLE WAS 59 MPH. HE TURNED AROUND AND GOT BEHIND THE VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER M142DK, WHICH WAS A RED IN COLOR JEEP SUV, AND FOLLOWED IT NORTH BOUND ON US HIGHWAY 4 FOR APPROXIMATELY HALF A MILE. DETECTIVE CALLAHAN OBSERVED THE VEHICLE SWERVING WITHIN THE INSIDE LANE, AND CROSSED OVER THE WHITE BROKEN LINE ON SEVERAL OCCASIONS. UPON APPROACHING THE INTERSECTION ON US HIGHWAY 41 AND MOSSY OAK DRIVE, A VEHICLE TURNED IN TO THE SOUTH BOUND TURNING LANE, CAUSING THE DEFENDANTâS VEHICLE TO SWERVE ABRUPTLY OVER TWO LANES OF TRAFFIC WHILE BRAKING AGGRESSIVELY FOR NO APPARENT REASON. THE DEFENDANTâS VEHICLE THEN CONTINUED NORTHBOUND, AND DRIFTED OVER THE WHITE FOG LINE WHILE ON THE OUTSIDE NORTHBOUND LANE FOR APPROXIMATELY 50 YARDS. DETECTIVE CALLAHAN THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE, AND THE SUSPECTâS VEHICLE PULLED INTO THE PARKING LOT HUDDLE HOUSE. DETECTIVE CALLAHAN MADE CONTACT WITH THE DRIVER, IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR ROBERT EUGENE MOWRER. THE DEFENDANT WAS ABLE TO PROVIDE DETECTIVE CALLAHAN WITH HIS DRIVER'S LICENSE AFTER FUMBLING FOR SOME TIME TO REMOVE IT FROM HIS PANTS POCKET. DETECTIVE CALLAHAN ADVISED THAT HE COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS VEHICLE. DETECTIVE CALLAHAN ADVISED THAT THE DEFENDANT HAD VERY SLURRED SPEECH AND GLASSY EYES. HE ALSO NOTICED THAT AS HE WAS SPEAKING WITH THE DEFENDANT AS HE WAS STILL SEATED IN THE VEHICLE, THE DEFENDANT BEGAN TO URINATE ON HIMSELF. DETECTIVE CALLAHAN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ALCOHOL TODAY, AND THE DEFENDANT INITIALLY REPLIED THAT HE HAD CONSUMED ONE OR TWO BEERS TODAY. THE DEFENDANT THEN STATED THAT HE HAD DRANK APPROXIMATELY TEN BEERS TODAY, AS WELL AS WHISKEY. DETECTIVE CALLAHAN ASKED THE DEFENDANT IF HE HAD ANY ALCOHOL IN HIS VEHICLE, AND THE DEFENDANT THEN REACHED OVER TO THE PASSENGERâS SIDE SEAT, AND HANDED DETECTIVE CALLAHAN A HALF EMPTY WHISKEY BOTTLE. IT WAS AT THIS TIME THAT DETECTIVE CALLAHAN REQUESTED A TRAFFIC UNIT TO RESPOND TO HIS LOCATION. UPON MY ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, AND COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS VEHICLE. I OBSERVED THAT THE DEFENDANT HAD A VERY SLOW REACTION TIME, GLASSY EYES, AND APPEARED TO BE UNDER THE INFLUENCE OF ALCOHOL. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE, AND WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE, WHICH HE DID. 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 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. IN ADDITION, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE THE INSTRUCTIONS WERE FINISHED, DID NOT FOLLOW INSTRUCTIONS, DID NOT TOUCH HEEL TO TOE, DID NOT COUNT ALOUD, DID NOT KEEP HIS BALANCE, AND TOOK AN INCORRECT NUMBER OF STEPS. THE DEFENDANT DID NOT COMPLETE THIS TASK SUCCESSFULLY. THE DEFENDANT THEN ADVISED THAT HE HAD TO URINATE QUITE BADLY. I ALLOWED HIM TO WALK A SHORT DISTANCE AWAY, TO THE WOODED AREA BEHIND THE BUSINESS TO TAKE CARE OF THE SITUATION. HE RETURNED, AND WE WENT ON TO THE NEXT TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED BACK AND FORTH, AND COULD NOT COMPLETE THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED THAT HE COULD NOT PERFORM THIS TASK, DUE TO A BAD RIGHT SHOULDER. TASK FIVE, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT WHAT THE LAST GRADE OF SCHOOL WAS THAT HE HAD COMPLETED, AND HE ADVISED 12 THE GRADE, AND THAT HE KNEW THE ALPHABET. THE DEFENDANT THEN BEGAN THIS TASK, AND STARTED OFF BY STATING âA, B, Zâ AND INCORRECTLY RECITED THE ALPHABET. I ASKED THE DEFENDANT IF HE WAS POSSIBLY DIABETIC PREVIOUSLY, AND HE ADVISED THAT HE WAS TYPE II DIABETIC. I HAD EMERGENCY MEDICAL SERVICES (EMS) RESPOND TO THE SCENE TO MAKE CERTAIN THAT THIS WAS NOT A DIABETIC ISSUE THAT WAS CAUSING HIS BEHAVIOR, AND EMERGENCY MEDICAL SERVICES (EMS) ARRIVED, AND CHECKED THE DEFENDANT, AND ADVISED THAT HE WAS FINE. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/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 HANDCUFFED, DOUBLE LOCKED, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, TO WHICH HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS, AND WOULD CONTINUE TO SPEAK WITH ME. 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 SECURED AND LEFT IN THE PARKING LOT OF THE HUDDLE HOUSE, PER HIS REQUEST. 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 BREATH, WITH THE TEST RESULTS BEING 0.137 AND 0.139. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8723XBI8, WITH A MANDATORY COURT APPEARANCE OF 010914 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. ON SCENE SOBRIETY TASKS WERE VIDEOTAPED VIA IN CAR CAMERA, WHICH WILL BE SUBMITTED TO EVIDENCE. |
