| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11119870) 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'S STATE STATUTE 316.193; DID OPERATE A MOTOR VEHICLE ON A PUBLIC ROADWAY WITHOUT A VALID DRIVER'S LICENSE IN VIOLATION OF FLORIDA'S STATE STATUTE 322.03(1). ON 032211 I WAS DISPATCHED TO A CALL IN REFERENCE TO A POSSIBLE INTOXICATED DRIVER HEADING NORTHBOUND ON US HIGHWAY 19 IN HOMOSASSA. THE CALLER WISHED TO REMAIN ANONYMOUS, HOWEVER, DID INDICATE THAT THE POSSIBLY INTOXICATED DRIVER HAD PULLED INTO THE CIRCLE K GAS STATION LOCATED AT US HIGHWAY 19 AND WEST CARDINAL STREET. I DID OBSERVED A VEHICLE MATCHING THAT DESCRIPTION IN THE PARKING LOT. AFTER APPROXIMATELY 10 MINUTES, I OBSERVED THAT VEHICLE EXIT THE PARKING LOT, TURNING WEST ONTO CARDINAL STREET, STOPPING IN THE MIDDLE OF THE ROADWAY FOR APPROXIMATELY 15 SECONDS AND THEN CONTINUE FORWARD TURNING ONTO HIGHWAY 19. I FOLLOWED BEHIND THE VEHICLE TO OBSERVE ANY POSSIBLE TRAFFIC INFRACTIONS OR SIGNS OF IMPAIRMENT. THE VEHICLE WAS UNABLE TO MAINTAIN A SINGLE LANE AND WAS DRIFTING FROM THE LEFT SIDE OF THE ROADWAY PAST THE FOG LINE ON THE RIGHT SIDE OF THE ROADWAY AND ALSO DRIVING IN THE MIDDLE OF BOTH LANES. I THEN CONDUCTED A TRAFFIC STOP OF THAT VEHICLE IN THE AREA OF US HIGHWAY 19 AND VILLAGE DRIVE. I MADE CONTACT WITH THE DRIVER,/DEFENDANT, MR RONALD BELVINS, AND IMMEDIATELY NOTICED A STRONG ODOR OF ALCOHOL EMITTING FROM THE DRIVER'S MOUTH. I ALSO OBSERVED HIS EYES TO BE GLASSY AND BLOODSHOT. I REQUESTED THE DEFENDANT PROVIDE ME HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, TO WHICH HE ADVISED THAT HE DID NOT HAVE THAT. I THEN ASKED THE DEFENDANT IF HE HELD A VALID DRIVER'S LICENSE, TO WHICH HE REPLIED NO. I THEN ASKED THE DEFENDANT IF HE HAD A FLORIDA IDENTIFICATION CARD, TO WHICH HE THEN PRODUCED HIS WALLET AND ATTEMPTED TO LOCATE HIS ID CARD. AFTER APPROXIMATELY 2 MINUTES, I ASKED THE DEFENDANT TO HAND ME HIS WALLET, WHERE I WAS ABLE TO LOCATE HIS ID CARD IN THE FRONT POCKET. I THEN RETURNED TO MY VEHICLE AND CONDUCTED A FCIC/NCIC SEARCH FOR THE DEFENDANT, WHERE IT WAS DETERMINED THAT HE DOES NOT HAVE A VALID DRIVER'S LICENSE IN THE STATE OF FLORIDA. I THEN ASKED THE DEFENDANT IF HE WISHED TO COMPLETE FIELD SOBRIETY TASKS TO DETERMINE HIS LEVEL OF IMPAIRMENT TO WHICH HE AGREED TO. WHEN THE DEFENDANT EXITED HIS VEHICLE, I OBSERVED AN UNKNOWN LIQUID TO HAVE CAUSED A LARGE WET SPOT ON THE FRONT OF HIS SHORTS. THE DEFENDANT WAS NOT ABLE TO DETERMINE WHETHER HE HAD URINATED ON HIMSELF OR NOT. 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 BRUISE ON HIS LEFT FOOT. 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT WAS NOT ABLE TO FOLLOW DIRECTIONS AND CONTINUED MOVING HIS HEAD TO FOLLOW THE PEN. THE DEFENDANT WAS ALSO ASKED TO REACH OUT WITH HIS RIGHT POINTER FINGER AND TOUCH THE TIP OF THE PEN. THE DEFENDANT MISSED THE TIP OF THE PEN BY APPROXIMATELY 4", TOUCHING MY HAND. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK NO STEPS HEEL TO TOE, MUMBLED THE STEPS HE COUNTED TAKING 11 STEPS IN ONE DIRECTION STEPPING APPROXIMATELY 3 FEET OFF OF THE LINE AND 14 STEPS IN THE OPPOSITE DIRECTION. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THIS EXERCISE, GETTING TO 3 THEN ADVISING THAT HE DID NOT UNDERSTAND. I DEMONSTRATED THIS TASK AGAIN FOR THE DEFENDANT. THE TASK WAS THEN STOPPED FOR THE DEFENDANT'S SAFETY AS HE HAD NEARLY FALLEN TWICE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS, DID NOT RETURN HIS HAND TO HIS SIDE AND TOUCHED THE MIDDLE OF HIS NOSE AND THE SIDE OF HIS FACE. TASK FIVE, ALPHABET TEST. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ASKED WHAT HIS HIGHEST LEVEL OF EDUCATION WAS, TO WHICH HE REFUSED TO ANSWER, HOWEVER, STATED THAT HE KNEW HIS ABC'S. THE DEFENDANT BEGAN, HOWEVER, UPON REACHING F, HE BEGAN MUMBLING AND THE TASK WAS THEN ENDED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING WITH NO VALID DRIVER'S LICENSE. AS I ESCORTED THE DEFENDANT TO MY PATROL VEHICLE, HE ADVISED THAT I HAD SAVED HIS LIFE AND HE WAS LUCKY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE 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 .217 AND .217. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $650.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4377XDXX WITH A MANDATORY COURT APPEARANCE ON 040711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5322GJX5, FOR DRIVING WITH NO VALID DRIVER'S LICENSE WITH A MANDATORY COURT APPEARANCE ON 040711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING NUMBER 291841B FOR FAILURE TO MAINTAIN A SINGLE LANE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
