| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR16-17827) 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. ON 010416, AT APPROXIMATELY 0221 HOURS, DEPUTY ANDY MOORE (0619) WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 41 JUST NORTH OF OVERDRIVE CIRCLE JUST SOUTH OF HOLDER WHEN HE OBSERVED A SMALL DARK VEHICLE TRAVELING NORTHBOUND ON U S HIGHWAY 41 COME INTO HIS LANE, WHICH CAUSED DEPUTY MOORE TO SLOW HIS VEHICLE DOWN TO AVOID BEING HIT HEAD ON BY THE SMALL DARK VEHICLE. DEPUTY MOORE THEN TURNED AROUND ON SAID VEHICLE, CAUGHT UP TO SAID VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER 789LGN, WHICH WAS ON A DODGE FOUR-DOOR BLACK IN COLOR IN THE AREA OF U S HIGHWAY 41 AND NORTH LECANTO HIGHWAY. HE THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE WHICH THEN SLOWED AND STOPPED IN THE MIDDLE OF U S HIGHWAY 41 AT THE CROSS STREET OF EAST BRADFORD LANE IN HOLDER. THE SUSPECT'S VEHICLE CONTINUED TO ROLL FORWARD AT WHICH POINT DEPUTY MOORE MADE CONTACT WITH THE DRIVER VIA PATROL CAR PA SYSTEM TELLING THE DRIVER TO STOP THE VEHICLE AND SHUT OFF THE ENGINE. DEPUTY MOORE THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR SAEED MCFADDEN. DEPUTY MOORE NOTICED THAT THE DRIVER HAD A VERY SLOW REACTION TIME, SLURRED SPEECH, COULD NOT FOLLOW SIMPLE INSTRUCTIONS AND BLOODSHOT EYES. A SHORT TIME LATER, DEPUTY MOORE CONTACTED DISPATCH TO HAVE THIS DEPUTY RESPOND TO HIS LOCATION. I THEN RESPONDED TO DEPUTY MOORE'S LOCATION WHERE HE BRIEFED ME ON THE SITUATION. I THEN MADE CONTACT WITH THE DEFENDANT. HE HAD AN EXTREMELY SLOW REACTION TIME, GLASSY BLOODSHOT EYES, SLURRED SPEECH, VERY THICK TONGUED AND AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. I PULLED MY VEHICLE ONTO EAST BRADFORD LANE OFF OF THE MAIN HIGHWAY AT WHICH POINT I HAD DEPUTY MOORE AND DEPUTY SANCHEZ (1242) ASK THE DEFENDANT TO EXIT HIS VEHICLE AND WALK ACROSS THE STREET. WHILE THE DEFENDANT WAS WALKING, IT WAS OBVIOUS TO THIS DEPUTY THAT HE WAS HAVING A PROBLEM WITH HIS BALANCE. UPON THE DEFENDANT WALKING TO THE FRONT OF MY PATROL VEHICLE, I ASKED HIM IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE ADVISED NO, BUT HE PROBABLY NEEDS GLASSES. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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 COULD NOT FOLLOW INSTRUCTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS. I HAD TO CONTINUALLY REPEAT INSTRUCTIONS TO HIM. HE MISSED HEEL-TO-TOE SEVERAL TIMES, IMPROPER TURN AND INCORRECT NUMBER OF STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, USED ARMS TO BALANCE, PRIOR TO 30 SECOND TIME LAPSE COULD NOT DO TASK. TASK FOUR, FINGER-TO-NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED THE WRONG HAND FOR TASK, MISSED TIP OF NOSE SEVERAL TIMES, SWAYED WHILE STANDING AND HAD TO CONTINUALLY BE RE-EXPLAINED THE INSTRUCTIONS. RHOMBERG ALPHABET, I ASKED HIM THE LAST GRADE HE COMPLETED IN SCHOOL WHICH HE STATED THE NINTH GRADE AND THAT HE KNEW THE ALPHABET. HE RECITED THE ALPHABET ONLY MISSING ONE LETTER OUT OF ORDER AND SWAYED MORE THAN TWO INCHES IN ANY DIRECTION. 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. SHORTLY THEREAFTER, THE DEFENDANT WAS ARRESTED FOR DRIVING WHILE UNDER THE INFLUENCE. HE WAS HANDCUFFED, DOUBLE-LOCKED, AND WAS SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. HE WAS THEN ADVISED OF HIS MIRANDA WARNING VIA CARD TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND CONTINUED SPEAKING WITH ME. I THEN ADVISED HIM OF HIS IMPLIED CONSENT TO WHICH I ASKED HIM FOR A BREATH SAMPLE AS WELL AS A URINE SAMPLE TO WHICH HE DID NOT GIVE A REPLY AS TO IF HE WOULD GIVE A SAMPLE OF EITHER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO CCA STAFF. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, HE REFUSED TO PROVIDE EITHER A BREATH SAMPLE OR URINE SAMPLE. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, HE WAS ISSUED A DRIVING WHILE UNDER THE INFLUENCE REFUSAL CITATION, NUMBER 8872X, WITH AN OUT OF CUSTODY COURT DATE OF 012116, AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. THE DEFENDANT'S VEHICLE WAS LATER TOWED FROM THE SCENE BY PRECISION. THE TRAFFIC STOP AS WELL AS THE ROADSIDE SOBRIETY TASKS WERE VIDEOTAPED VIA IN-CAR CAMERA AND LATER TURNED IN TO EVIDENCE. BOND WAS SET AT $1,000 PER THE BOND SCHEDULE. |
