| Probable cause affidavit: |
SUBMITTED BY: FELIX, REYSON 1284 (AR17-23438)(17-52774) 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 041417, I RESPONDED TO THE RACETRAC IN INVERNESS LOCATED AT 2120 COLONADE STREET IN REFERENCE TO AN IMPAIRED DRIVER. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY RITLI (0426), WHO ADVISED THIS DEPUTY THAT HE STOPPED A MALE SUBJECT BY THE NAME OF MR RONALD ANGLE, LATER IDENTIFIED AS THE DEFENDANT, FOR FAILURE TO MAINTAIN A SINGLE LANE, PLEASE SEE DEPUTY RITLIâS (0426) SUPPLEMENT. UPON MAKING CONTACT WITH THE DEFENDANT, I COULD SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM HIS BREATH. I COULD ALSO OBSERVE THAT THE DEFENDANT HAD BLOODSHOT, GLASSY EYES. I THEN ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, AND HE STATED YES. THE DEFENDANT STATED HE HAD APPROXIMATELY TWO DRINKS APPROXIMATELY ONE HOUR AGO. THE DEFENDANT WAS THEN ASKED TO EXIT THE VEHICLE, WHERE I THEN CONDUCTED A FIELD SOBRIETY TASK. THE DEFENDANT COMPLETED THESE TASKS POORLY 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 NOT. 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 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. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT UNDERSTAND THE INSTRUCTIONS I WAS GIVING HIM AND I HAD TO EXPLAIN THE INSTRUCTIONS NUMEROUS TIMES. THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE. WHILE I WAS INSTRUCTING THE TEST TO HIM, HE KEPT USING HIS ARMS TO MAINTAIN HIS BALANCE. AT HIS FIRST STEP, THE DEFENDANT FELL OFF BALANCE APPROXIMATELY THREE TIMES. I ASKED THE DEFENDANT IF HE WANTED TO TRY ONE MORE TIME, TO WHICH HE STATED HE COULD NOT DO IT AND ASKED TO DO THE NEXT TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN BALANCE WITHOUT USING HIS ARMS. AT THE ONE SECOND MARK THE DEFENDANT FELL OFF BALANCE AND PUT HIS FOOT DOWN. HE STARTED OVER, BUT COULD NOT GET PAST THE ONE SECOND MARK WITHOUT PUTTING HIS FOOT DOWN. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 OR WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE AT THE RACETRAC GAS STATION, PER THE DEFENDANTâS REQUEST. WHILE MOVING THE VEHICLE, I COULD OBSERVE A GLASS BOTTLE FILLED WITH WHAT APPEARED TO BE AN ALCOHOLIC BEVERAGE WITH ICE CUBES IN IT. UPON TRYING TO SMELL THE LIQUID, I COULD SMELL THE PRESENCE OF ALCOHOL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .051 AND .046. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER A7YQ2HE WITH A MANDATORY COURT APPEARANCE OF 050417 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A7YQ2IE, FOR POSSESSION OF OPEN CONTAINER IN AN OPERATING VEHICLE WITH A $116.00 FINE PAYABLE TO THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A WRITTEN WARNING, NUMBER 406794B FOR FAILING TO MAINTAIN A SINGLE LANE. |
