| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR08101419) 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)(A). ON 012508 AT APPROXIMATELY 2334 HOURS, I RESPONDED TO 312 SOUTH PLEASANT GROVE ROAD IN INVERNESS IN REFERENCE TO A VEHICLE THAT WAS STUCK IN A DITCH AND THE DRIVER WAS POSSIBLY UNDER THE INFLUENCE. UPON ARRIVAL, CORPORAL CONLEY AND EMERGENCY MEDICAL SERVICES (EMS) WERE ALREADY ON SCENE. I OBSERVED A GREEN TWO DOOR HONDA ON THE EAST SIDE OF THE ROAD WHICH WAS BOTTOMED OUT ON THE EMBANKMENT WITH THE FRONT OF THE VEHICLE FACING A SOUTHWEST DIRECTION. I MADE CONTACT WITH THE DEFENDANT, MR ROBERT WEAR, WHO WAS SITTING ON THE REAR BUMPER OF THE AMBULANCE AND WAS RECEIVING TREATMENT BY EMS PERSONNEL REFERENCE TO A LACERATION ON HIS HEAD. WHILE SPEAKING WITH THE DEFENDANT, I ASKED HIM WHAT HAPPENED AND HE ADVISED THAT HE AND A FRIEND WERE COMING FROM HIS FRIEND'S RESIDENCE ON ORVISTA CIRCLE AND WERE ON THE WAY TO GET MORE ALCOHOL. WHEN I ASKED THE DEFENDANT HOW THE VEHICLE ENDED UP STUCK ON THE EMBANKMENT, HE ADVISED HE WAS DRIVING THROUGH THE PARKING LOT OF THE PLEASANT GROVE APARTMENTS TRYING TO GET BACK TO ORVISTA CIRCLE WHEN THE VEHICLE HIT THE EMBANKMENT. THE DEFENDANT ADVISED THAT BOTH HE AND HIS FRIEND ATTEMPTED TO GET THE VEHICLE UNSTUCK WHICH MET WITH NEGATIVE RESULTS AND EVENTUALLY HIS FRIEND LEFT THE SCENE. WHILE SPEAKING WITH THE DEFENDANT, I NOTICED THAT THE DEFENDANT'S SPEECH WAS SLURRED AND THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY. I ALSO DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH. ONCE THE DEFENDANT STOOD UP, I ALSO OBSERVED HE WAS EXTREMELY UNSTEADY ON HIS FEET AND HAD DIFFICULTY MAINTAINING HIS BALANCE. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING AND HE ADVISED THAT HE HAD CONSUMED FOUR SHOTS OF JOSE QUEVERO 1800 WHILE AT A FRIEND'S RESIDENCE. I ASKED THE DEFENDANT WHEN HE STARTED DRINKING AND HE STATED AT APPROXIMATELY 1800 HOURS AND FINISHED DRINKING AT APPROXIMATELY 2030 HOURS. I ASKED THE DEFENDANT WHEN THE LAST TIME HE HAD CONSUMED ANY FOOD AND HE ADVISED HE LAST ATE AT APPROXIMATELY 1730 HOURS WHERE HE HAD A LEAN CUISINE DINNER AND SOME PINEAPPLE AND COTTAGE CHEESE. AT THAT TIME, THE DEFENDANT STARTED DENYING THAT HE WAS DRIVING THE VEHICLE. HOWEVER, IT SHOULD BE NOTED THAT THE DEFENDANT HAD BLOOD ON HIS CLOTHING AND HANDS FROM HIS INJURY AND THERE WAS ALSO BLOOD SPLATTERED THROUGHOUT THE DRIVER'S DOOR, SEAT, AND STEERING WHEEL WHICH WOULD INDICATE TO THIS DEPUTY THAT THE DEFENDANT WAS DRIVING THE VEHICLE. ALSO, THE DEFENDANT HAD THE KEYS FOR THE VEHICLE IN HIS PANT'S POCKET. AT THAT POINT, I ASKED THE DEFENDANT IF HE HAD TAKEN ANY MEDICATION OR DONE ANY DRUGS PRIOR TO DRIVING. HE ADVISED THAT HE WAS TAKING XANAX WHICH WAS PRESCRIBED TO HIM AND HE HAD TAKEN IT EARLIER IN THE EVENING. AT THAT TIME, I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS TO WHICH HE STATED HE WOULD. THE FIELD SOBRIETY TASKS WERE CONDUCTED IN THE PARKING LOT OF 312 SOUTH PLEASANT GROVE ROAD WHICH WAS A SMOOTH FLAT SURFACE. 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. HE ADVISED HE HAD INJURIES TO HIS NECK, RIGHT LEG, AND RIGHT ANKLE FROM A PREVIOUS CAR CRASH. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. WHILE PERFORMING THE TASK, THE DEFENDANT SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THE INSTRUCTION PHASE, THE DEFENDANT WAS UNABLE TO MAINTAIN BALANCE WHILE LISTENING TO INSTRUCTIONS AND THE DEFENDANT STARTED PERFORMING THE TASK PRIOR TO BEING TOLD TO DO SO. WHEN ASKED TO PERFORM THE TASK, THE DEFENDANT STATED "THIS AIN'T HAPPENIN" AND STATED HE COULD NOT PERFORM THE TASK DUE TO HIS PREVIOUS ANKLE INJURY. THE DEFENDANT REFUSED TO PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. WHILE ATTEMPTING TO PERFORM THE TASK, THE DEFENDANT MADE SEVEN ATTEMPTS TO PERFORM THE TASK. HOWEVER, HE WAS UNABLE TO KEEP HIS FOOT UP AND MAINTAIN HIS BALANCE BEFORE 30 SECONDS HAD ELAPSED. THE DEFENDANT ALSO USED HIS ARMS TO ASSIST WITH BALANCING, RAISING THEM OVER SIX INCHES WITH EVERY ATTEMPT. THE DEFENDANT AGAIN STATED "THIS AIN'T HAPPENIN" AND THAT HE COULD NOT PERFORM THE TASK DUE TO HIS PREVIOUS ANKLE INJURY. THE DEFENDANT REFUSED TO PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THE TASK, IT WAS DETERMINED THAT THE DEFENDANT DID KNOW HIS RIGHT FROM HIS LEFT. THE DEFENDANT DID NOT KEEP HIS EYES CLOSED, HIS HEAD TILTED BACK AS INSTRUCTED, DID NOT TOUCH THE TIP OF HIS FINGER TO THE TIP OF HIS NOSE, AND SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. TASK FIVE, THE RHOMBERG ALPHABET . THIS TASK WAS EXPLAINED AND DEMONSTRATED. THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THE TASK, IT WAS DETERMINED THAT THE DEFENDANT DID READ AND WRITE THE ENGLISH LANGUAGE AND HE KNEW HIS ALPHABET FROM "A TO Z". WHILE PERFORMING THE TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED. THE DEFENDANT DID NOT KEEP HIS HEAD TILTED BACK AS INSTRUCTED. THE DEFENDANT SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONY'S COLLISION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTIONS STAFF. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. AT THAT TIME, I REQUESTED THE DEFENDANT TO SUBMIT TO A URINE TEST WHICH HE ALSO REFUSED. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,00.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), CITATION NUMBER 6895-XDO. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, CITATION NUMBER 7474-RHU, FOR REFUSAL TO SUBMIT. BOTH CITATIONS HAD A MANDATORY COURT APPEARANCE DATE OF 021408 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
