| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR 14-12654) (14-151029) 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 110314 AT APPROXIMATELY 2333 HOURS DEPUTY ANSTEAD WAS RUNNING TRAFFIC AT THE LOCATION OF WEST MAIN STREET AND NORTH HIGHWAY 41 IN INVERNESS WHEN SHE OBSERVED A BLACK 2011 TWO DOOR HYUNDAI BEARING FLORIDA LICENSE PLATE 2152BS TRAVELING WEST BOUND ON WEST MAIN STREET AT A HIGH RATE OF SPEED NEAR NORTH OSCEOLA AVENUE. SHE THEN ACTIVATED HER RADAR UNIT WHICH SHOWED THE VEHICLE TO BE TRAVELING AT 56 MPH IN A 35 MPH ZONE. SHE THEN TURNED AROUND ON SAID VEHICLE AND UPON CATCHING UP TO THE BLACK HYUNDAI PERFORMED A TRAFFIC STOP IN THE PARKING LOT OF THE BP STATION LOCATED AT 1010 NORTH HIGHWAY 41 IN INVERNESS. DEPUTY ANSTEAD THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS MR SCOTT WAYNE CLARK. SHE NOTICED THE DRIVER APPEARED TO HAVE A SLOW REACTION TIME, A DRAGGING SPEECH PATTERN AND WAS POSSIBLY UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. I WAS THEN NOTIFIED TO RESPOND TO HER LOCATION. UPON ARRIVAL AT THE BP PARKING LOT IN INVERNESS, I MADE CONTACT WITH DEPUTY ANSTEAD WHO EXPLAINED THE CIRCUMSTANCES. I MADE CONTACT WITH THE DEFENDANT WHO APPEARED TO HAVE A SLOW REACTION TIME, GLASSY EYES, AND A SLOW SPEECH PATTERN. I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING TO WHICH HE STATED HE HAD FOUR DRINKS TO INCLUDE CAPTAIN MORGAN AND CROWN. HE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I REQUESTED HE EXIT HIS VEHICLE AND WALK THE SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. I AGAIN ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK TO WHICH HE ADVISED TWO DRINKS. 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 RUN OVER BY A MOTORCYCLE BUT HE THOUGH HE WAS PRETTY GOOD. 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 JUST WALKED UP AND BACK, DID NOT TOUCH HEEL TO TOE SEVERAL TIMES, COUNTED QUIETLY NOT ALLOWED, DID NOT FOLLOW INSTRUCTION. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN SEVERAL TIMES, STARTED COUNTING CORRECTLY, THEN HE STOPPED AND STARTED COUNTING INCORRECTLY. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COMPLETED THIS TASK IN A SATISFACTORY MANNER. TASK FIVE, ROMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED WHAT THE HIGHEST LEVEL OF EDUCATION WAS TO WHICH HE STATED SOME COLLEGE AND THAT HE KNEW HIS ALPHABET. THE DEFENDANT STARTED SINGING THE ALPHABET AND STOPPED ON ''P''. THE SECOND ATTEMPT HE WAS ABLE TO COMPLETE THE ALPHABET. 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. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. 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 IN THE PARKING LOT AT THE BP STATION AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE FIRST TEST RESULTS BEING .169, THE SECOND .172. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, NUMBER 8832XBI1 WITH A MANDATORY COURT APPEARANCE OF 120414 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT RECEIVED A WRITTEN WARNING FROM DEPUTY ANSTEAD FOR SPEEDING. ON SCENE SOBRIETY TASKS WERE RECORDED VIA IN CAR CAMERA WHICH WILL BE TURNED IN TO EVIDENCE. |
