| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR13-4523) 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 021513, WHILE RUNNING TRAFFIC ON HIGHWAY 41 NORTH AND WEST GULF TO LAKE HIGHWAY IN INVERNESS, I OBSERVED A WHITE FORD EXPLORER EXITING THE PARKING LOT OF GRIFFâS BAR. THE VEHICLE WAS EXTREMELY QUICK ON ACCELERATION WHILE IT WAS LEAVING THE PARKING LOT AND GOT THIS DEPUTYâS ATTENTION. I THEN BEGAN TO OBSERVE THE VEHICLE TRAVELING SOUTH ON HIGHWAY 41 AND IT TURNED SOUTH ON SEMINOLE AVENUE AND SWUNG WIDE INTO THE TURNING LANE AT THAT LOCATION. THE VEHICLE THEN PROCEEDED SOUTH ON SEMINOLE AND TURNED EAST ON TO HIGHLANDS BOULEVARD. UPON TURNING ON TO HIGHLANDS BOULEVARD, IT HEADED EASTBOUND TOWARDS SOUTH APOPKA AND CROSSED THE INSIDE LINE. THE VEHICLE THEN TURNED RIGHT ON SOUTH APOPKA AND NEAR THE INTERSECTING STREET OF BEECHER STREET THE VEHICLE AGAIN CROSSED THE INSIDE LINE AND PROCEEDED SOUTHBOUND. I THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE BEARING FLORIDA LICENSE PLATE E240KD AT THE INTERSECTION OF SOUTH APOPKA AVENUE AND EDISON STREET. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR RODNEY HEBERT. HE HAD A VERY SLOW DRAGGING SLURRED SPEECH AND SLOW REACTION TIME. THERE WAS ALSO AN ODOR OF ALCOHOLIC BEVERAGE EMANATING OF HIS BREATH. THE DEFENDANT HAD A HARD TIME FOCUSING ON ONE OBJECT OR ANOTHER AND WHEN HE ATTEMPTED TO HAND ME HIS VEHICLE REGISTRATION AND INSURANCE INFORMATION, HE HANDED IT TOWARDS THE OPPOSITE DIRECTION OF WHERE THIS DEPUTY WAS STANDING. AFTER ASKING FOR HIS DRIVER'S LICENSE, HE SAID THAT HE DID NOT HAVE IT ON HIM. I THEN ASKED IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, HE PAUSED AND THEN STATED NO. I THEN ASKED HIM AGAIN IF HE HAD BEEN DRINKING, TO WHICH HE DID NOT ANSWER. AT THAT TIME I REQUESTED DISPATCH SEND ME A BACK UP UNIT, WHICH WAS DEPUTY RAMOS. UPON DEPUTY RAMOSâ ARRIVAL, I REPOSITIONED MY VEHICLE TO A LEVEL LOCATION ON EDISON STREET NEXT TO SOUTH APOPKA. I THEN AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM TO EXIT HIS VEHICLE, WHICH HE DID AND I HAD HIM WALK TO REAR OF HIS VEHICLE. I THEN ASKED HIM TO ACCOMPANY ME ACROSS THE STREET TO A LEVEL LOCATION. HE INITIALLY REFUSED AND STATED THAT I DID NOT HAVE THE RIGHT TO ASK HIM TO WALK ACROSS THE STREET. I THEN EXPLAINED THE REASON WAS SO THAT HE WOULD HAVE A LEVEL LOCATION FOR SOBRIETY TASKS. AFTER SPEAKING TO THE DEFENDANT FOR A BRIEF PERIOD, HE THEN AGREED TO WALK ACROSS THE STREET. 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 A PROBLEM WITH HIS SCIATIC NERVE WHICH AFFECTS HIS LEGS. I ADVISED HIM THAT I WOULD TAKE THAT IN ACCOUNT AND SINCE HE SUFFERED FROM SOME TYPE OF DISABILITY I WOULD NOT HAVE HIM PERFORM ANY TASKS INVOLVING WALKING AND TURNING. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD A PROBLEM WITH HIS RIGHT EYE. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS NOT PERFORMED DUE TO HIS DISABILITY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THE TASK AND THEN ADVISED THAT HE COULD NOT PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED THE WRONG FINGER EVERY TIME AND USED THE WRONG HAND ONE TIME AND MISSED THE TIP OF HIS NOSE SEVERAL TIMES. TASK FIVE, ROMBERG ALPHABET. PRIOR TO THIS TASK THE DEFENDANT WAS ASKED WHAT WAS THE HIGHEST GRADE HE HAD COMPLETED IN SCHOOL AND HE ADVISED THE EIGHTH GRADE AND THAT HE DID KNOW THE ALPHABET. THIS TASK WAS THEN EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT WAS UNABLE TO COMPLETE THE ALPHABET SEVERAL TIMES. THE DEFENDANT WAS AGAIN ASKED IF HE HAD CONSUMED ALCO TO WHICH HE ADVISED THAT HE HAD THREE OR FOUR DRINKS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, 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, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD WHICH HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND HE DID NOT WANT TO TALK TO ME. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. CONTACT WAS MADE WITH THE PASSENGER OF THE DEFENDANTâS VEHICLE WHO WAS HIS WIFE, MS CHRISTINE HEBERT, WHO ADVISED THAT SHE HAD SEVERAL DRINKS AS WELL. WHICH ASKED HOW MUCH THE DEFENDANT HAD CONSUMED SHE SAID BETWEEN FIVE AND EIGHT DRINKS OF HARD LIQUOR AND THAT HE LIKES TO DRINK SCREWDRIVERS. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS FRIEND THAT CAME TO THE SCENE AND PICKED UP THE PASSENGER AND VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT 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 REFUSAL UNIFORM TRAFFIC CITATION, NUMBER 4944XDX8 WITH A MANDATORY COURT APPEARANCE OF 030713 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING, NUMBER 335890B, FOR FAILURE TO MAINTAIN A SINGLE LANE. A COPY OF THE IN CAR VIDEO OF THE SOBRIETY TASKS AND THE READING OF THE IMPLIED CONSENT AND MIRANDA WARNINGS WAS LATER TURNED IN TO EVIDENCE. |
