| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR11120062) 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 040211 AT APPROXIMATELY 0131 HOURS, I RESPONDED TO THE AREA OF HIGHWAY 44 AND CYPRESS COVE COURT IN REFERENCE TO A VEHICLE CRASH THAT HAD JUST OCCURRED. A WITNESS TO THE CRASH HAD GIVEN A DESCRIPTION OF THE SINGLE OCCUPANT OF THE VEHICLE WHO WAS FOUND BY DEPUTY MOORE. UPON ARRIVAL ON SCENE, I CONDUCTED A TRAFFIC CRASH INVESTIGATION AND INTERVIEWED THE OWNER/DRIVER OF THE VEHICLE, MR RODNEY HENRY (DEFENDANT). AFTER THE TRAFFIC CRASH WAS COMPLETE, I TOLD THE DEFENDANT THAT THE INVESTIGATION WAS COMPLETE AND I WOULD BE CONDUCTING A CRIMINAL INVESTIGATION FOR SUSPICION FOR DRIVING UNDER THE INFLUENCE. WHILE SPEAKING WITH THE DEFENDANT, HE SPOKE WITH A THICK TONGUE AND SLURRED HIS SPEECH AND HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I REQUESTED THE DEFENDANT TO SUBMIT TO SOBRIETY TASKS WHICH HE COMPLIED. PRIOR TO BEGINNING THE SOBRIETY TASKS, THE DEFENDANT TOLD ME HE WAS A CONSTRUCTION WORKER AND WORE GLASSES THAT HE DID NOT HAVE ON AND WAS PRESCRIBED COLOZOPAN AND SEROQUEL. THE DEFENDANT TOLD ME HE DID SUFFER FROM DEPRESSION AND HIS EYES WERE BAD. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THE TASK THE DEFENDANT STARRED STRAIGHT AHEAD AND DID NOT WATCH OR FOLLOW THE PEN AS I MOVED IT BACK AND FORTH AND BECAME ARGUMENTATIVE STATING THAT HE HAD SEEN THE PEN. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REFUSED TO ATTEMPT THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TRIPPED PRIOR TO BEGINNING THE TASK, USED HIS ARMS FOR BALANCE, DID NOT WALK HEEL TO TOE. THE DEFENDANT ALSO TOOK THE WRONG NUMBER OF STEPS AND AFTER TURNING AROUND DID NOT TAKE NINE HEEL TO TOE STEPS IN THE OPPOSITE DIRECTION. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FOUR, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED PRIOR TO BEING TOLD TO DO SO AND MISSED SEVERAL LETTERS AND WHEN GETTING TO THE LETTER "NORTH" FOLLOWED IT WITH THE LETTER "Z", BEGAN TO START THE TASK AGAIN BUT THEN BECAME UPSET STATING THAT "HIS KIDS COULD NOT STATE THE ALPHABET SO HE COULD NOT". TASK FIVE, FINGER TO NOSE…THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT AT FIRST WHEN ASKED TO PLACE HIS LEFT POINTING FINGER TIP TO HIS NOSE USED HIS RIGHT ARM TOUCHING HIS NOSE WITH HIS RIGHT FINGER AND THEN CAUGHT HIMSELF USING THE WRONG ARM. WHEN PLACING HIS LEFT FINGER TO HIS NOSE DURING EACH ATTEMPT HAD ACTUALLY TOUCHED UNDERNEATH HIS NOSE AND THE DEFENDANT HAD HIS EYES OPEN AT TIMES WHILE ATTEMPTING THE TASK. THE DEFENDANT COULD NOT COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED, USING TWO SETS OF HANDCUFFS BEHIND HIS BACK, (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS 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. THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING TO THEIR IMPOUND LOT. WHILE BEING TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) THE DEFENDANT BECAME IRATE AND BELLIGERENT AND WAS ONLY AT THAT TIME THAT THE DEFENDANT MADE ANY MENTION OF ANY OTHER PERSONS BEING IN HIS VEHICLE AT THE TIME OF THE CRASH. ACCORDING TO THE WITNESS; HOWEVER, THE DEFENDANT WAS THE ONLY PERSON THAT HAD EXITED THE VEHICLE AND NO OTHER PERSONS WERE FOUND WITHIN THE VEHICLE. UPON ARRIVAL AT THE DETENTION FACILITY HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. 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 UNIFORM TRAFFIC CITATION, CITATION NUMBER 8764-XBI-6 WITH A MANDATORY COURT APPEARANCE ON 042111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8184-ROZ-9, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
