| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR10112766) 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. POSSESSION OF UNLAWFUL DRIVER'S LICENSE OR SIMILITUDE THEREOF IN VIOLATION OF FLORIDA STATE STATUTE 322.212(1) DRIVING WHILE DRIVER'S LICENSE IS SUSPENDED IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2) RESISTING AN OFFICER WITHOUT VIOLENCE IN VIOLATION OF FLORIDA STATE STATUTE 843.02 ON 010910 AT 1830 HOURS, I RESPONDED TO THE PARKING LOT OF RUBY TUESDAY'S IN INVERNESS IN REFERENCE TO ASSISTING DEPUTY DOYLE. DEPUTY DOYLE ADVISED ME THAT HE HAD STOPPED A 1996 FORD PICKUP TRUCK THAT HAD BEEN WEAVING WITHIN ITS LANE ON HIGHWAY 44, NEAR THE INTERSECTION OF RUN FOR THE ROSES. DEPUTY DOYLE TOLD ME THAT AFTER MAKING CONTACT WITH THE DRIVER, HE OBSERVED A BROWN LIQUID IN A PLASTIC CUP, AND NOTICED AN ODOR OF AN ALCOHOLIC BEVERAGE. DEPUTY DOYLE TOLD ME THAT UPON ASKING THE DRIVER FOR HIS DRIVER'S LICENSE, THE DRIVER PRESENTED HIM WITH A PHOTO COPY OF A DRIVER'S LICENSE WITH THE DRIVER'S PICTURE ON IT, BEARING THE NAME OF MR MARTIN WHITFIELD WISE, WITH A DATE OF BIRTH OF 072260. DEPUTY DOYLE TOLD ME THAT HE PROCEEDED TO WRITE THE DRIVER SEVERAL CITATIONS WHILE AWAITING MY ARRIVAL. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS SITTING IN THE DRIVER'S SEAT OF THE 1996 PICKUP TRUCK. WHILE SPEAKING WITH HIM, I COULD ALSO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DRIVER TOLD ME THAT HE HAD HAD ONE ALCOHOLIC BEVERAGE APPROXIMATELY SIX HOURS AGO, HOWEVER, WHILE I SPOKE WITH HIM, HIS SPEECH WAS SLURRED AND HE HAD A THICK TONGUE. I THEN REQUESTED THAT THE DRIVER SUBMIT TO FIELD SOBRIETY TASKS IN ORDER TO DETERMINE HIS CURRENT STATE OF SOBRIETY. THE DRIVER AGREED, AND WHILE EXITING THE VEHICLE, HE HAD A DIFFICULT TIME AND WAS CONCERNED ABOUT FINDING MEDICATION FOR A BAD TOOTH. AFTER HE EXITED HIS VEHICLE, HE HAD A DIFFICULT TIME STANDING STILL, AND HAD TO CATCH HIMSELF FROM FALLING. 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 HAD A BAD SCIATIC NERVE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW THE STIMULUS FROM THE LEFT TO THE RIGHT, AND STARED STRAIGHT AHEAD. WHILE ALLOWING THE DEFENDANT TO ATTEMPT THE TASK AGAIN, HE SQUINTED VERY HARD, STARED STRAIGHT AHEAD AND EVENTUALLY CLOSED HIS EYES. DURING THE ATTEMPTS TO KEEP THE DEFENDANT TO KEEP HIS LEGS together AND HIS ARMS TO HIS SIDES, THE DEFENDANT BEGAN TO FALL BACKWARD ON TWO SEPARATE OCCASIONS TO THE POINT THAT I ATTEMPTED TO CATCH HIM TO KEEP HIM FROM FALLING. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO LIFT HIS RIGHT LEG. THE DEFENDANT COULD NOT LIFT IT OFF THE GROUND, COULD NOT KEEP IT OUT IN FRONT OF HIM, OR KEEP BALANCE WHILE ATTEMPTING THE TASK. TASK THREE, FINGER TO NOSE . THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO PLACE HIS HEAD ALL THE WAY BACK, DID NOT PLACE HIS ACTIVE ARM BACK DOWN TO HIS SIDE AFTER TOUCHING HIS NOSE AND HAD TO BE EXPLAINED THE TASK TWICE. TASK FOUR, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, WHO ADVISED THAT HE WAS A HIGH SCHOOL GRADUATE. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO COMPLETE THE ALPHABET. WHEN getting TO THE LETTER O, HE WENT TO THE LETTER T, STOPPED, AND THEN ATTEMPTED THE TASK SEVERAL MORE TIMES, EACH TIME MISSING LETTERS. ALSO WHILE ATTEMPTING TO SING THE ALPHABET, THE DEFENDANT BECAME CONFUSED AND COULD NOT FINISH. DURING THE FIELD SOBRIETY TASKS, WHILE THE DEFENDANT PLACED HIS LEFT HAND TO HIS SIDE, I HEARD A NOISE that SOUNDED LIKE A PILL BOTTLE IN HIS LEFT FRONT POCKET. WHEN I HEARD THE NOISE, I ASKED THE DEFENDANT WHAT WAS IN HIS POCKET, AND ON TWO SEPARATE OCCASIONS, HE PULLED OUT PIECES OF PAPER. WHEN I ASKED HEIM WHAT WAS MAKING THE NOISE, HE PULLED OUT A PRESCRIPTION BOTTLE THAT WAS PRESCRIBED TO A ROGER TRUDEL, WITH OXYCODONE HYDROCHLORIDE ON THE LABEL. THE DEFENDANT IMMEDIATELY TOLD ME THAT THOSE WERE NOT HIS PILLS AND THAT HE WAS DELIVERING THEM TO HIS UNCLE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT THEN TOLD ME THAT HE HAD SOMETHING TO TELL ME, AND THEN STATED THAT HIS REAL NAME WAS ROGER TRUDEL, AND THAT THE OXYCODONE THAT HAD BEEN IN HIS POCKET WAS HIS. A CHECK OF D.A.V.I.D REVEALED THAT ROGER TRUDEL HAD A CANCELLED FLORIDA DRIVER'S LICENSE, AND HAD A PICTURE OF THE DEFENDANT ON IT, AND IT WAS ALSO FOUND THAT THE ORIGINAL NAME GIVEN BY THE DEFENDANT MARTIN WISE, HAD A VALID DRIVER'S LICENSE, WHICH ALSO HAD A PICTURE OF THE DEFENDANT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .108 AND .093. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE FOR A SECOND OFFENSE. WHILE AT THE DETENTION CENTER, THE DEFENDANT WAS FINGER PRINTED, AND HIS TRUE IDENTITY WAS CONFIRMED THROUGH THE AUTOMATED FINGER PRINTING INFORMATION SYSTEM (AFIS), AS ROGER C TRUDEL THE SECOND. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 2206XBG ,CHECK DIGIT X, WITH A MANDATORY COURT APPEARANCE OF 012810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1661 RPA, CHECK DIGIT 5, FOR OPERATING WHILE DRIVER'S LICENSE IS CANCELLED, WITH A MANDATORY COURT DATE OF 012810 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION, NUMBER 1662 RPA, CHECK DIGIT SIX, FOR POSSESSION OF A DRIVER'S LICENSE OR SIMILITUDE OF, WITH A COURT DATE OF 012810 AT 1300 HOURS. DEPUTY DOYLE WILL REISSUE NEW CITATIONS FOR THE ORIGINAL STOP WITH THE CORRECT NAME AND DATE OF BIRTH. *NOT-EXEMPT* |
