| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11121872) 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 072411 AT APPROXIMATELY 0140 HOURS, DEPUTY ROWAND WAS WORKING TRAFFIC IN THE AREA OF WEST CITRUS SPRINGS BOULEVARD AND SANTOS DRIVE IN CITRUS SPRINGS WHEN HE OBSERVED A SILVER HYUNDAI TRAVELING AT 70 MILES PER HOUR (MPH) IN A 45 MPH ZONE. THEN USING RADAR IN HIS PATROL VEHICLE, HE CONFIRMED THE VEHICLE'S SPEED AT 70 MPH. THE VEHICLE ALSO HAD A FAULTY HEADLIGHT. DEPUTY ROWAND PERFORMED A TRAFFIC STOP ON THE SAID VEHICLE AT THE CORNER OF NORTH DUSTIN TERRACE AND NORTH GIBRALTAR DRIVE IN CITRUS SPRINGS. HE THEN MADE CONTACT WITH THE DRIVER, IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR SCOT GRENIER. HE ADVISED THAT UPON MAKING CONTACT WITH MR GRENIER HE HAD SLURRED SPEECH AND APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. DEPUTY ROWAND THEN CONTACTED THIS DEPUTY. I THEN RESPONDED TO HIS LOCATION AND MADE CONTACT WITH THE DEFENDANT, MR GRENIER. MR GRENIER APPEARED TO BE VERY SLOW IN REACTING, HAD GLASSY EYES, AND A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. MR GRENIER WAS ASKED IF HE HAD CONSUMED ANY ALCOHOL TO WHICH HE ADVISED HE HAD BEEN AT A BAR AND HAD CONSUMED EIGHT OR NINE BEERS PREVIOUS TO THE TRAFFIC STOP. AT THIS TIME, I ASKED MR GRENIER TO EXIT HIS VEHICLE AND TO WALK WITH ME A SHORT DISTANCE AWAY TO A FLAT SURFACE LOCATED ON GIBRALTAR DRIVE. 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 DID WEAR GLASSES BUT HE WAS NOT REQUIRED TO WEAR THEM WHILE HE DRIVES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE SEVERAL TIMES, LOST HIS BALANCE, STOPPED TO GAIN HIS BALANCE, TOOK TEN STEPS UP AND TEN STEPS BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN NUMEROUS TIMES, HAD TO STOP TO GAIN HIS BALANCE, AND COUNTED TO 31. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HIS NOSE WITH HIS FINGER. TASK FIVE, RHOMBERG ALPHABET. THE DEFENDANT WAS ASKED HIS LEVEL OF EDUCATION AND HE STATED HE GRADUATED HIGH SCHOOL AND KNEW HIS ALPHABET. HE WAS ABLE TO COMPLETE THE TASK SATISFACTORILY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS SEAT BELTED IN MY PATROL VEHICLE AND SHORTLY THEREAFTER, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. HE STATED HE UNDERSTOOD HIS RIGHTS AND HE AGREED TO SPEAK WITH ME. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED ON THE SIDE OF THE ROAD AND LEFT THERE PER HIS REQUEST. THE KEYS WERE TAKEN TO HIS RESIDENCE AND LEFT ON SCENE. 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 .206 AND .209. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), NUMBER 4941-XDX-5, WITH A MANDATORY COURT APPEARANCE ON 081111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UTC, NUMBER 6271-GJX-4, FOR TRAVELING 70 MPH IN A 45 MPH ZONE BY DEPUTY ROWAND AS WELL AS WARNING NUMBER 332442-B FOR A FAULTY HEADLIGHT BY DEPUTY ROWAND. THE ROADSIDE SOBRIETY TASKS WERE RECORDED VIA IN-CAR CAMERA WITH A COPY BEING PLACED IN TO EVIDENCE. "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* |
