| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR13-6633) ON 072713 AT 0107 HOURS, I WAS DISPATCHED TO THE AREA OF HIGHWAY 44 AND SCHOOL AVE IN LECANTO TO ASSIST FISH AND WILDLIFE COMMISSION (FWC) WITH A DRIVING UNDER THE INFLUENCE. THE WEATHER CONDITIONS WERE PARTLY CLOUDY WITH LITTLE TO NO WIND AND THE ROADWAY WAS FREE OF ANY OBVIOUS DEFECTS. UPON ARRIVAL AT 0121 HOURS, I MADE CONTACT WITH FWC OFFICER NASWORTH. OFFICER NASWORTH ADVISED ME THAT HE OBSERVED THE MOTORCYCLE PULL IN FRONT OF ANOTHER VEHICLE AT HIGHWAY 44 AND HIGHWAY 490. OFFICER NASWORTH THEN STATED THAT HE OBSERVED THE OPERATOR HIT THE HORN BUTTON WHILE ATTEMPTING TO ACCELERATE AT HIGHWAY 44 AND HIGHWAY 491. OFFICER NASWORTH STATED THAT HE OBSERVED THE MOTORCYCLE RIDING THE INSIDE YELLOW FOG LINE AND RUN OFF INTO THE GRASS APPROXIMATELY THREE TIMES AND THEN WEAVED ACROSS THE LANE AND RUN OVER THE REFLECTORS ON THE WHITE DASHED LANE DIVER LINES. OFFICER NASWORTH STATED HE THEN ACTIVATED HIS EMERGENCY WARNING LIGHTS TO CONDUCT A TRAFFIC STOP ON THE VEHICLE. OFFICER NASWORTH STATED HE MADE CONTACT WITH OPERATOR, MR ROBERT J SIEDE, AND DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON AND HIS EYES WERE WATERY AND BLOODSHOT. OFFICER NASWORTH STATED WHEN HE ASKED MR SIEDE FOR HIS DRIVERâS LICENSE, MR SIEDE REACHED FOR A CREDIT CARD. AT THIS TIME I MADE CONTACT WITH MR SIEDE. I OBSERVED THAT HIS SPEECH WAS SLURRED AND HIS EYES WERE BLOODSHOT, WATERY AND GLASSY. I ASKED MR SIEDE FOR THE VEHICLE REGISTRATION AND HE STEPPED OFF OF THE MOTORCYCLE. HE THEN ATTEMPTED TO OPEN THE LEFT REAR SADDLEBAG BY UNLOCKING IT, BUT LOCKED IT INSTEAD. WHILE ATTEMPTING TO UNLOCK THE SADDLEBAG, I OBSERVED THAT MR SIEDE WAS FUMBLING WITH THE KEY. MR SIEDE OPENED THE SADDLEBAG AND PROVIDED ME WITH HIS REGISTRATION AND PROOF OF INSURANCE. WHEN I INFORMED MR SIEDE THAT HE NEEDED TO HAVE PROOF OF MEDICAL COVERAGE IN ORDER NOT TO WEAR A HELMET, HE SAID HE DID NOT KNOW THAT. I NEXT POSITIONED MY PATROL VEHICLE ON A LEVEL SURFACE IN THE PARKING LOT JUST TO THE WEST OF THE TRAFFIC STOP AND ACTIVATED MY IN CAR CAMERA SYSTEM. OFFICER NASWORTH ESCORTED MR SIEDE TO MY LOCATION. 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 FAILED TO TOUCH HEEL TO TOE ON STEP THREE AND FAILED TO TOUCH HEEL TO TOE ON STEP ONE ON HIS RETURN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN ON THE COUNT OF THREE AND TEN, SWAYED WHILE BALANCING AND USED HIS ARMS TO BALANCE, PUT HIS FOOT DOWN AT TEN AND FAILED TO CONTINUE WITH THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT LEFT TIP, RIGHT TIP, LEFT TIP, RIGHT UNDER NOSE, RIGHT TIP, LEFT UNDER NOSE. AT THIS TIME MS SIEDE WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HAND CUFFED DOUBLE LOCKED, SEARCHED AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. I REQUESTED A ROTATION WRECKER TO RESPOND TO MY LOCATION TO TOW MR SIEDEâS MOTORCYCLE AND SCALLYâS TOWING RESPONDED. DURING AN INVENTORY SEARCH OF THE VEHICLE A BLACK .380 SEMI AUTOMATIC KEL-TEC FIREARM BEARING SERIAL NUMBER HRY71 WAS LOCATED IN THE LEFT SADDLEBAG. THE WEAPON WAS SECURED AND LATER TURNED IN TO EVIDENCE DIVISION ALONG WITH A COMPLETED PROPERTY RECEIPT. OFFICER NASWORTH REMAINED AT THE SCENE UNTIL SCALLYâS TOWING ARRIVED. A COMPLETED TOW FORM WAS LATER TURNED IN TO THE RECORDS DIVISION. I TRANSPORTED MR SIEDE TO THE CITRUS COUNTY DETENTION CENTER FOR BOOKING AND PROCESSING WITHOUT INCIDENT. MR SIEDE WAS TURNED OVER TO CORRECTIONAL OFFICER RHODE TO CONDUCT A TEST OF HIS BREATH. CORRECTIONAL OFFICER RHODE INFORMED ME THAT THE DEFENDANT REFUSED TO SUBMIT TO A LAWFUL TEST OF HIS BREATH. A COMPUTER CHECK REVEALED THE DEFENDANT HAS A PREVIOUS DRIVER'S LICENSE SUSPENSION FOR FAILURE TO SUBMIT TO A LAWFUL BREATH TEST. THE DEFENDANT WAS ISSUED DUI CITATION NUMBER 7271-XGA-4 FOR DRIVING UNDER THE INFLUENCE, UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 7358-WQB-X FOR REFUSE TO SUBMIT TO A LAWFUL BLOOD ALCOHOL LEVEL TEST AND UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 7357-WQB-9 FOR FAIL TO DRIVE IN SINGLE LANE. THE DEFENDANTâS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. A DIGITAL VIDEO DISC (DVD) COPY OF THIS INCIDENT WAS BURNED AND LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION ALONG WITH A COMPLETED PROPERTY RECEIPT. NO FURTHER ACTION TAKEN AT THIS TIME. |
