| Probable cause affidavit: |
SUBMITTED BY: TROOPER DECARLIS, DAVID 2740 (FHP) (AR15-13804) 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). did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent MR RYAN CLARK normal faculties were impaired and by reason of such operation did cause injury to another person, to-wit: MS TANYA KWIATKOWSKI, in violation of Florida Statute 316.193(3)(A)(B)(C)(1). ON 020715 AT 2102 HOURS, I WAS DISPATCHED TO THE INTERSECTION OF NORTH INDIAN RIVER DRIVE AND NORTH FOREST LAKE DRIVE, IN REFERENCE TO A SINGLE VEHICLE TRAFFIC CRASH. UPON ARRIVAL AT 2116 HOURS, I MADE CONTACT WITH CITRUS COUNTY SHERIFF'S OFFICE DEPUTY PANETTI (1304), WHO INFORMED ME THAT THE DEFENDANT LOST CONTROL OF HIS VEHICLE AND CRASHED IN TO A TREE. I WAS FURTHER INFORMED THAT THE VICTIM/PASSENGER WAS CURRENTLY INSIDE AN ON SCENE AMBULANCE AND BEING PREPARED FOR TRANSPORT TO OCALA REGIONAL MEDICAL CENTER. I SUBSEQUENTLY SPOKE WITH THE VICTIM/PASSENGER AND INQUIRED AS TO WHAT SHE RECALLED, AT WHICH TIME SHE INFORMED ME THAT THE DEFENDANT WAS DRIVING THE VEHICLE AND THAT SHE WAS THE PASSENGER, WHEN HE CRASHED IN TO A TREE. I OBSERVED THAT THE VICTIM SUSTAINED FACIAL INJURIES CONSISTENT WITH DAMAGE TO THE RIGHT SIDE WINDSHIELD AS A RESULT OF THE PASSENGER NOT WEARING HER SEATBELT DURING THE CRASH. I RETURNED TO THE DEFENDANT AND AT 2124 HOURS, I INFORMED THE DEFENDANT THAT I HAD COMPLETED MY CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. AT THAT TIME, I ASCERTAINED THAT THE DEFENDANT WAS UNINJURED, WITH THE EXCEPTION OF A SORE ANKLE, WHICH HE STATED WAS NOT THE RESULT OF THE CRASH. WHEN ASKED THE DEFENDANT STATED HE WAS NOT DIABETIC, DOES NOT USE INSULIN, IS NOT UNDER THE CARE OF A DOCTOR, DOES NOT USE PRESCRIPTION OR ANY OTHER TYPE OF DRUGS, DOES NOT WEAR CONTACT LENSES OR EYE GLASSES, AND HE HAD CONSUMED FOUR BEERS IN THE PAST SIX HOURS. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN BALANCE DURING INSTRUCTION, STATED ââIâM FUCKED UP,ââ AND RAISED HIS HANDS OVER SIX INCHES WHILE LISTENING TO INSTRUCTIONS TO MAINTAIN BALANCE. I HAD TO REPEAT MYSELF DURING THIS TIME. THE DEFENDANT ALMOST FELL OVER DURING THE INSTRUCTIONS AND STATED HE COULD NOT DO THE EXERCISE BECAUSE HE IS BUZZED. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BY DEPUTY PANETTI AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT PROVIDED A BREATH TEST, WITH THE RESULTS BEING .184 AND .194. THE DEFENDANT WAS ISSUED CITATIONS FOR CARELESS DRIVING, RUNNING A STOP SIGN, EXPIRED LICENSE PLATE (LESS THAN SIX MONTHS), DRIVING UNDER THE INFLUENCE WITH PERSONAL INJURY, AND DRIVING UNDER THE INFLUENCE. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. |
