| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09109078) 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 051409, AT APPROXIMATELY 2340 HOURS, I DID OBSERVE TWO MOTORCYCLES PASSING ME HEADING NORTHBOUND ON US HIGHWAY 19. AT THAT TIME, BOTH MOTORCYCLES APPEARED TO BE GOING OVER THE LEGAL POSTED SPEED LIMIT. I THEN ACTIVATED MY RADAR, WHICH INDICATED THAT BOTH VEHICLES WERE DRIVING SIXTY FIVE MILES PER HOUR IN A FIFTY FIVE MILE PER HOUR ZONE. WHILE SITTING AT THE TRAFFIC LIGHT, I OBSERVED BOTH VEHICLES AS THEY INCREASED THEIR SPEED TO SIXTY EIGHT MILES PER HOUR AT WHICH TIME, I PROCEEDED AFTER THEM. I ACTIVATED MY OVERHEAD LIGHTS AS WE APPROACHED VENABLE STREET AND THEY PROCEEDED THROUGH THAT INTERSECTION AND CONTINUED NORTH BOUND. AT THE NEXT TRAFFIC LIGHT, THE TWO MOTORCYCLES SPLIT UP, ONE CONTINUING NORTH BOUND, AND ONE MAKING A LEFT AT THE TRAFFIC LIGHT. I THEN CALLED AHEAD TO A PATROL VEHICLE THAT I KNEW WAS NORTH OF ME TO STOP THE MOTORCYCLE THAT CONTINUED STRAIGHT (VEHICLE TWO) WHILE I MADE A LEFT FOLLOWING THE OTHER VEHICLE (VEHICLE ONE). I THEN STOPPED VEHICLE ONE IN A PARKING LOT, ISSUED HIM A CITATION FOR SPEEDING, AND THEN CONTINUED ONTO WHERE VEHICLE TWO WAS STOPPED BY SERGEANT GLAZE AT GODFREY AND US. 19. UPON MY ARRIVAL AT VEHICLE TWO, I MADE CONTACT WITH SERGEANT GLAZE, WHO HAD ALREADY FILLED OUT A CITATION FOR ME. I THEN MADE CONTACT WITH THE DRIVER AND IN SPEAKING WITH THE DRIVER, I OBSERVED THAT THE DRIVER WAS UNSTEADY ON HIS FEET, SWAYING WHILE HE WAS STANDING, AND HAD GLASSY WATERY EYES. AFTER SPEAKING WITH THE DRIVER, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. IT WAS AT THAT TIME, I ASKED THE DRIVER IF HE WAS OK TO STAND BECAUSE HE SEEMED TO BE UNSTEADY ON HIS FEET. AFTER SPEAKING WITH THIS DRIVER, I GOT A STRONG INDICATION THAT HE HAD BEEN DRIVING UNDER THE INFLUENCE. THE DEFENDANT ADVISED ME THAT HE HAD BEEN DRINKING AND THAT HE HAD JUST LEFT A DRINKING ESTABLISHMENT APPROXIMATELY THIRTY TO FORTY MINUTES AGO. HE FURTHER STATED THAT AT THE BAR, HE HAD FIVE TO SIX BEERS. AT THAT TIME, I ASKED THE DRIVER IF HE WOULD PERFORM FIELD SOBRIETY TASK TO WHICH HE STATED THAT HE WOULD. I THEN ASKED THE DRIVER TO MOVE TO BACK OF SERGEANT GLAZE'S VEHICLE AND IN FRONT MY VEHICLE. 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 ALSO 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 FAILED TO FOLLOW INSTRUCTIONS, MISSED HEEL TO TOE ON EVERY STEP, FAILED TO LOOK DOWN WHILE PERFORMING THIS TASK, AND STEPPED OFF OF THE LINE. IT WAS AT THIS TIME, THE DEFENDANT ASKED TO PERFORM THIS TASK AGAIN SO I ALLOWED HIM TO DO SO. THE DEFENDANT AGAIN ADVISED HE UNDERSTOOD AND AGAIN FAILED TO LOOK DOWN AT HIS FEET, FAILED TO TOUCH HEEL TO TOE, AND HE ALSO LOST HIS BALANCE INITIALLY TO WHERE I THOUGHT HE WAS GOING TO FALL TO THE GROUND. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS FOOT DOWN PRIOR TO THE COUNT OF THREE AND FAILED TO LOOK DOWN AT HIS FOOT WHILE COUNTING OUT LOUD. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT HE UNDERSTOOD THE INSTRUCTIONS AND ON THIS TASK, THE DEFENDANT FAILED TO FOLLOW THE INSTRUCTIONS, FAILED TO TOUCH THE TIP OF HIS NOSE WHILE KEEPING HIS EYES CLOSED. THE DEFENDANT ALSO HAD TO BE TOLD TO CLOSE HIS EYES AND ONCE THE TASK HAD BEGUN, KEPT HIS EYES IN THE OPEN POSITION, FAILED TO MOVE HIS HAND FROM THE SIDE TO THE FRONT, AND THEN TO HIS NOSE AS DIRECTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO ADVISED OF HIS MIRANDA RIGHTS WHILE BEING TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS RELEASED TO DETENTION STAFF WHO AGAIN READ THE DEFENDANT HIS RIGHTS VIA PRE PRINTED FORM. THEY ALSO READ THE DEFENDANT HIS IMPLIED CONSENT WHILE ON VIDEO. AT THAT TIME, THE DEFENDANT ADVISED THAT HE WANTED HIS ATTORNEY PRESENT AND REFUSED ANY FURTHER PARTICIPATION. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER INTO THE CARE OF HIS FRIEND PER THE OWNER'S REQUEST. THE DEFENDANT THEN REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 2176XBG WITH A MANDATORY COURT APPEARANCE OF 060909 AT 1300HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5228-FGW, FOR SPEEDING. *NOT-EXEMPT* |
