| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR13-7304) 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 091513, DEPUTY LABORDA WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 41 IN THE AREA OF AIRPORT ROAD IN INVERNESS, WHEN HE OBSERVED A WHITE VEHICLE PASS BY HIM TRAVELING NORTHBOUND. HE ACTIVATED HIS RADAR UNIT AND IT SHOWED THE VEHICLE SPEED TO BE 65 MILES PER HOUR IN A 45 MILES PER HOUR ZONE. DEPUTY LABORDA TURNED AROUND ON SAID VEHICLE AND PROCEEDED TO CATCH UP TO THE VEHICLE. WHILE CATCHING UP TO SAID VEHICLE, HE RADIOED DEPUTY MOORE HIS LOCATION, WHICH WAS NOW AT EDEN DRIVE AND HIGHWAY 41. DEPUTY MOORE THEN INTERCEPTED SAID VEHICLE, WHICH WAS A WHITE 2004 HYUNDAI BEARING FLORIDA LICENSE PLATE N722JP. AT THAT TIME, DEPUTY MOORE INITIATED A TRAFFIC STOP ON SAID VEHICLE. DEPUTY MOORE AND DEPUTY LABORDA CONTINUED FOLLOWING THE VEHICLE NORTH ON HIGHWAY 41 WITH LIGHTS AND SIRENS ON. THE VEHICLE CONTINUED NORTH ON HIGHWAY 41 AND THEN TURNED LEFT ON HIGHLAND BOULEVARD, DRIVING WESTBOUND IN THE EASTBOUND LANE. HE THEN TURNED IN TO THE CENTER LANE OF HIGHLAND BOULEVARD NEXT TO LASER CARWASH. UPON MAKING CONTACT WITH THE DRIVER, THE DRIVER ADVISED THAT HE HAD JUST COME FROM HEADS AND TAILS, WHERE HE HAD FIVE BEERS. I WAS THEN CONTACTED BY DEPUTY MOORE, WHO ADVISED THAT THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT THROUGH HIS FLORIDA DRIVER'S LICENSE AS, MR ROBERT REIDY, APPEARED TO BE UNDER THE INFLUENCE OF ALCOHOL, BASED ON HIS UNBALANCED POSTURE AND OTHER OBVIOUS FACTORS. I THEN RESPONDED TO THEIR LOCATION AND MADE CONTACT WITH THE DEFENDANT, MR ROBERT REIDY. UPON MAKING CONTACT WITH HIM, I OBSERVED THAT HE HAD AN EXTREMELY STRONG ODOR OF ALCOHOL EMANATING FROM HIS BREATH, ALONG WITH GLASSY, BLOODSHOT EYES, DRAGGING SPEECH PATTERN AND WAS SLIGHTLY THICK TONGUED. HE ALSO HAD A PROBLEM WALKING STRAIGHT. I THEN HAD THE DEFENDANT WALK A SHORT DISTANCE AWAY TO THE PARKING LOT OF LASER CARWASH. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH TO HEEL TO TOE, INCORRECTLY TURNED, LOST BALANCE WHILE TURNING AND STEPPED OFF THE LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS LEGS STRAIGHT, LOST HIS BALANCE, CHANGED THE LEG THAT HE USED, INCORRECTLY COUNTED, USED HIS ARMS FOR BALANCE AND PUT HIS FOOT DOWN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE STANDING AND DID NOT KEEP HIS EYES CLOSED. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT THE LAST GRADE HE COMPLETED IN SCHOOL WAS AND HE ADVISED THAT HE GOT AN ASSOCIATES DEGREE. HE ALSO ADVISED THAT HE KNEW THE ALPHABET. DURING THIS TASK THE DEFENDANT DID NOT SAY THE ALPHABET IN A NON-RHYTHMIC FASHION. SHORTLY THEREAFTER, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. WHILE IN THE BACK OF MY PATROL VEHICLE, HE WAS READ HIS MIRANDA WARNINGS VIA CARD, WHERE HE STATED THAT HE UNDERSTOOD HIS RIGHTS AND DID NOT HAVE A PROBLEM CONTINUING TO SPEAK WITH ME. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT VIA CARD, 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. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY MOORE WHO WAITED FOR EDâS TOWING TO ARRIVE AND TOW THE VEHICLE. 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 .174 AND .179. 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, CITATION NUMBER 7294XGAX, WITH A MANDATORY COURT APPEARANCE ON 101013 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A VERBAL WARNING FOR HIS SPEED VIOLATION. THE ON SCENE FIELD SOBRIETY TASKS WERE VIDEOTAPED VIA IN CAR CAMERA AND THE VIDEO WILL BE SUBMITTED TO EVIDENCE. |
