| Probable cause affidavit: |
SUBMITTED BY: JOHNSON, DALE 0178 (AR07005415) 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 100307, I RESPONDED TO THE AREA OF BEVERLY HILLS BOULEVARD AND NORTH ADAMS STREET TO BACK UP DEPUTY DAVIS ON A TRAFFIC STOP HE CONDUCTED ON TWO SEPARATE VEHICLES. UPON ARRIVAL, DEPUTY DAVIS HANDED ME THE DEFENDANT'S DRIVER'S LICENSE AND ADVISED THAT HIS DRIVER'S LICENSE WAS SUSPENDED AND THAT THE DEFENDANT WAS POSSIBLY INTOXICATED. I THEN APPROACHED THE DEFENDANT'S VEHICLE PARKED ON THE SHOULDER OF THE ROAD PARKED IN FRONT OF 5 NORTH ADAMS STREET AND ASKED THE DEFENDANT IF HE HAD THE VEHICLE'S REGISTRATION. WHILE SPEAKING WITH THE DEFENDANT, I NOTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DRIVER'S WINDOW, I ALSO NOTED THE DEFENDANT'S SPEECH TO BE SLURRED AND HIS EYES TO BE GLASSY. HAVING PREVIOUS DEALINGS WITH THE DEFENDANT, I DO KNOW THAT HE NORMALLY DOES NOT HAVE SLURRED SPEECH OR GLASSY EYES. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING AND HE ADVISED, "YES," AND THAT HE HAD CONSUMED POSSIBLY SIX TO SEVEN BEERS. I THEN ASKED DURING WHAT KIND OF TIME PERIOD. HE ADVISED HE HAD STARTED DRINKING AT 0115 HOURS, WHICH WOULD PLACE THE TIME FRAME FOR THE CONSUMPTION OF THE BEERS TO BE LESS THAN AN HOUR AND AN HALF. I THEN REQUESTED THE DEFENDANT EXIT THE VEHICLE TO COMPLETE SOME ROADSIDE SOBRIETY TASKS, TO WHICH HE COMPLIED. UPON EXITING THE VEHICLE, I NOTICED THE DEFENDANT WAS UNSTEADY ON HIS FEET AND WALKED WITH A STAGGER. I REQUESTED THE DEFENDANT STEP TO THE REAR OF HIS VEHICLE, WHERE I REQUESTED HE COMPLETE THE ROADSIDE SOBRIETY TASKS. 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 HAD HAD KNEE SURGERY APPROXIMATELY THREE YEARS PRIOR, TO REPAIR A TORN "ACL" IN HIS RIGHT KNEE. HE DID ADVISE THAT HE BELIEVED HE COULD COMPLETE THE TASKS. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS RIGHT FOOT, COUNTED TO 1003 AND PLACED HIS FOOT BACK DOWN TO REGAIN HIS BALANCE. DURING THE TASK THE DEFENDANT WAS UNSTEADY ON HIS FEET, RAISED HIS HANDS TO MAINTAIN HIS BALANCE, PLACED HIS FOOT BACK ON THE GROUND TO MAINTAIN HIS BALANCE AND STATED "I CAN'T DO IT.” TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE, FAILED TO WALK IN A STRAIGHT LINE, AND RAISED HIS ARMS TO MAINTAIN HIS BALANCE, TOOK TEN STEPS, TURNED IMPROPERLY AND TOOK TEN STEPS BACK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HIS NOSE WITH HIS LEFT INDEX FINGER ON TWO OCCASIONS AND WITH HIS RIGHT INDEX FINGER ON TWO OCCASION. TASK FIVE, RHOMBERG ALPHABET. THE DEFENDANT COMPLETED THE TASK WITH NO ERROR, HOWEVER, WAS EXTREMELY SLURRED IN HIS SPEECH. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE OWNER, WHO HAD WALKED TO THE SCENE FROM THE RESIDENCE A SHORT DISTANCE AWAY. 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 .253 AND .253. 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 7873XAD WITH A MANDATORY COURT APPEARANCE OF 101807 AT 1300 AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5686FGW, FOR DRIVING WHILE LICENSE SUSPENDED WITHOUT KNOWLEDGE WITH A $120.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY DAVIS ADVISED THAT THE ORIGINAL PURPOSE WAS FOR THE STOP WAS FOR FAILURE TO MAINTAIN A SINGLE LANE. *NOT-EXEMPT* |
