| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR11120085) THE DEFENDANT, MR RONNIE ROGERS, 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 040311 AT 1725 HOURS, I RESPONDED TO THE AREA OF HIGHWAY 41 SOUTH AT AIRPORT ROAD IN REFERENCE TO ASSISTING DEPUTY WILLIAMS. UPON ARRIVAL, DEPUTY WILLIAMS TOLD ME THAT WHILE HE WAS ON A TRAFFIC STOP SOUTH OF AIRPORT ROAD, A BEIGE MAZDA VAN PASSED BY HIM AT A CLOSE PROXIMITY MAKING HIM FEEL AS IF THE VAN MIGHT HIT HIM. DEPUTY WILLIAMS TOLD ME THAT HE WAS ABLE TO FINISH HIS TRAFFIC STOP AND PULL OVER THE VEHICLE THAT PASSED BY HIM AT HIGHWAY 41 AND AIRPORT ROAD. DEPUTY WILLIAMS TOLD ME THAT UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT OF THE VAN, HE DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THIS PERSON. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR RONNIE ROGERS, WHO WAS STILL SITTING IN THE DRIVER'S SEAT AND REQUESTED HE EXIT THE VEHICLE IN ORDER TO SPEAK WITH ME. WHILE TALKING TO THE DEFENDANT I OBSERVED HIM TO HAVE GLASSY EYES, TO BE SWEATING PROFUSELY AND AT A DISTANCE OF APPROXIMATELY THREE FEET WAS ABLE TO DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE. I REQUESTED THE DEFENDANT TO SUBMIT TO SOBRIETY TASKS TO WHICH HE AGREED. 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 BEEN SHOT IN HIS LEFT LEG, BUT COULD WALK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES AND ONLY WORE READING GLASSES. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO HOLD HIS LEG UP AND USED HIS ARMS FOR BALANCE. THE DEFENDANT HAD HIS LEG BENT WHILE ATTEMPTING TO TASK AND COULD NOT COMPLETE THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, DID NOT COUNT THE NUMBER OF STEPS TAKEN, OVERSTEPPED IN ODER TO KEEP HIS BALANCE AND TOOK THE INCORRECT AMOUNT OF STEPS. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK FOUR, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS EYES CLOSED AND WHILE STATING THE ALPHABET AT M, N, O, REPEATED THAT TWICE AND DID SO ON THE SECOND ATTEMPT ALSO. THE DEFENDANT DID NOT COMPLETE THE TASK CORRECTLY. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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. DEPUTY WILLIAMS STAYED WITH THE DEFENDANT'S VEHICLE WHILE THE DEFENDANT'S DAUGHTER-IN-LAW CAME AND REMOVED THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PRE APPROVED PRINTED CARD. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .169 AND .168. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), NUMBER 8765XBI7 WITH A MANDATORY COURT APPEARANCE OF 042111 AT 1300 HOURS 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* |
