| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR09112461) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 121809 AT APPROXIMATELY 1800 HOURS I WAS DISPATCHED TO THE AREA OF NORTHEAST 3RD STREET AND NORTH EAST 8TH AVENUE, IN REFERENCE TO A REPORTED DISTURBANCE INVOLVING A WHITE CHEVY. UPON MY ARRIVAL DEPUTY PHILLIPS WAS PARKED BEHIND A WHITE CHEVROLET THAT HAD STOPPED IN THE GRASS. UPON MY APPROACH I OBSERVED THAT THE DRIVER WAS WEARING SHORTS, HAD NO SHIRT, AND A SPOT OF DRIED BLOOD UNDERNEATH HIS LEFT EYE. THERE WERE THREE CANS OF BUSCH BEER SITTING OUTSIDE ON THE PASSENGER SIDE OF THE VEHICLE. DEPUTY PHILLIPS HANDED ME THE DRIVER'S LICENSE ADVISING THAT THE DRIVER COULD NOT LOCATE HIS REGISTRATION AND AS HE APPROACHED THE VEHICLE FROM BEHIND THE VEHICLE PULLED OVER PRIOR TO DEPUTY PHILLIPS ACTIVATING HIS OVER HEAD LIGHTS. I THEN MADE CONTACT WITH THE DRIVER WHO HAD THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. WHEN HE SPOKE HE SPOKE WITH AN EXTREMELY SLURRED SPEECH, WAS VERY ANIMATED, AS WELL AS UNSTEADY ON HIS FEET. I ASKED THE DRIVER IF HE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS BECAUSE I BELIEVED HIM TO BE UNDER THE INFLUENCE. HE ADVISED ME HE WAS UNDER THE INFLUENCE OF ALCOHOL AND DRUGS AND THAT HE WOULD PARTICIPATE IN THE FIELD SOBRIETY TASKS. 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 HAVE PREVIOUS BROKEN BONES IN HIS FEET THAT HAVE BEEN HEALED FOR THREE MONTHS. HE ALSO ADVISED THAT HE HAD BEEN PUNCHED IN THE EYE BUT HE COULD SEE ME CLEARLY AND HAD NO ISSUES OTHER THEN BEING CRAZY. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES OTHER THEN WHAT WAS PREVIOUS STATED. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. DUE TO THE INTOXICATION LEVELS OF THIS DRIVER HE ALSO WAS UNABLE TO TRACK THE PEN AND REPEATEDLY ASKED TO START OVER. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THIS TASK PRIOR TO COMPLETION OF THE INSTRUCTIONS. DURING HIS FIRST ATTEMPT HE WAS UNABLE TO WALK WITHOUT RAISING HIS ARMS FOR BALANCE AND DANCED DOWN THE LINE, MISSED HEEL TO TOE ON EVERY STEP, AND STOPPED. I THEN CONFIRMED THE INSTRUCTIONS AGAIN ASKING THE DRIVER IF HE WOULD ATTEMPT THIS TASK AGAIN. HE DID ATTEMPT AGAIN HOWEVER HE MISSED HEEL TO TOE ON EVERY STEP, FAILED TO LOOK DOWN AT HIS FEET, AGAIN RAISED HIS ARMS TO BALANCE HIMSELF, AND STEPPED OFF THE LINE THREE TIMES. THIS TASK WAS NOT COMPLETED DUE TO THE INABILITY OF THE DRIVER. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK AFTER ATTEMPTING. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ATTEMPTED THIS TASK PRIOR TO COMPLETION OF INSTRUCTIONS, FAILED TO FOLLOW INSTRUCTIONS, DID NOT TOUCH TIP OF NOSE WITH TIP OF FINGER ON ANY OCCASION, FAILED TO CLOSE EYES, AT THE COMPLETION OF THIS TASK IT WAS DETERMINED THAT THE DRIVER WAS UNABLE TO PERFORM THIS TASK AS WELL. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE-LOCKED), BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PICKED UP BY ADAM'S TOWING. THE TOW SHEET WAS TURNED IN BY DEPUTY PHILLIPS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. DURING THE TRANSPORT TO THE DETENTION FACILITY THE DEFENDANT ADVISED NUMEROUS TIMES THAT HE WAS GOING TO ATTEMPT TO HURT HIMSELF. WHILE EN ROUTE THE DEFENDANT ATTEMPTED TO WRAP THE SEAT BELT AROUND HIS NECK. JUST PRIOR TO APPROACHING THE DETENTION FACILITY I DID NOTIFY DISPATCH WHO INTERN NOTIFIED THE DETENTION FACILITY STAFF TO MEET ME IN THE SALLY PORT. AT THIS TIME THE DRIVER WAS TURNED OVER TO THE DETENTION FACILITY STAFF. HE WAS THEN READ HIS IMPLIED CONSENT WARNING AND MIRANDA WARNING BY THE DETENTION FACILITY STAFF, IN WHICH HE DID REFUSE TO SUBMIT TO A 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 8370XBD9 WITH A MANDATORY COURT APPEARANCE OF 011410 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
