| Probable cause affidavit: |
SUBMITTED BY: DERA, MARK 0688 (AR11123571) 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 111611, WHILE I WAS TRAVELING NORTHBOUND ON NORTH SUNCOAST BOULEVARD, I OBSERVED A BLACK ACURA, BEARING FLORIDA LICENSE PLATE NUMBER X49QRJ STOPPED IN THE LEFT LANE OF TRAFFIC JUST NORTH OF WEST VENABLE, CAUSING A DANGEROUS SITUATION FOR OTHER VEHICLES. DETECTIVE RUBY, DEPUTY NOCELLA AND I MADE CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR SCOTT MIKEL. HE WAS SITTING IN THE DRIVER'S SEAT WITH THE KEYS IN THE IGNITION OF HIS VEHICLE. HE WAS ASKED IF THERE WAS ANYTHING WRONG, TO WHICH HE LOOKED CONFUSED AND MUMBLED THAT HE RAN OUT OF GAS. I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM MR MIKEL'S PERSON. ALSO, HIS EYES WERE GLASSY AND BLOODSHOT AND HIS SPEECH WAS SLURRED. MR MIKEL WAS ASKED TO EXIT HIS VEHICLE AND, AT FIRST, HE HAD TROUBLE UNDERSTANDING THE REQUEST AND WHEN HE DID EXIT THE VEHICLE, HIS PANTS FELL TO THE GROUND AND I NOTICED A WET SPOT ON THEM AND THE SMELL OF URINE. MR MIKEL HAD TROUBLE WALKING AND WAS UNSTEADY ON HIS FEET. MR MIKEL WAS ASKED TO LEAN AGAINST THE PATROL VEHICLE SO HE WOULD NOT FALL OVER. THIS DEPUTY, DETECTIVE RUBY, AND DEPUTY NOCELLA PUSHED MR MIKEL'S VEHICLE OFF THE ROADWAY AND INTO THE GRASS MEDIAN ON NORTH SUNCOAST BOULEVARD. INSIDE THE VEHICLE THERE WERE FOUR EMPTY BOTTLES OF ALCOHOL; TWO SMALL BOTTLES OF SOUTHERN COMFORT, ONE SMALL BOTTLE OF KALUHA, AND ONE LARGE BOTTLE OF ABSOLUTE VODKA. MR MIKEL WAS ASKED IF HE HAD ANY MEDICAL CONDITIONS, TO WHICH HE RESPONDED, NO. HE WAS ALSO ASKED IF HE HAD BEEN DRINKING, AND HE REPLIED, NO. HE WAS ASKED ABOUT THE EMPTY BOTTLES OF ALCOHOL, TO WHICH HE REPLIED IT WAS HIS SON'S CAR. MR MIKEL WAS ASKED AGAIN IF HE HAD ANY MEDICAL CONDITIONS, IF HE WAS ON ANY MEDICATIONS, OR IF HE HAD BEEN DRINKING, TO WHICH HE STATED, NO TO ALL QUESTIONS. I ASKED THE SUBJECT IF HE KNEW WHERE HE WAS AND HE LOOKED AROUND AND THEN STATED HE WAS IN TAMPA. I ASKED HIM WHERE HE WAS COMING FROM, AND HE STATED HE WAS COMING FROM SPRING HILL. HE WAS LOOKING AROUND THE AREA AS IF HE WAS CONFUSED AS TO WHERE HE WAS. AT THAT TIME I INFORMED MR MIKEL THAT I WAS CONDUCTING A CRIMINAL INVESTIGATION IN REFERENCE TO DRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. AT THAT TIME DEPUTY ALEXANDER WAS NOTIFIED AND RESPONDED TO THE SCENE TO PERFORM FIELD SOBRIETY EVALUATION. DEPUTY ALEXANDER 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 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. THE DEFENDANT DID/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, ROMBERG RECITATION TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RECITED THE ALPHABET STARTING AT P, T, O, AND THEN WENT TO THE LETTER Z, AND THEN STARTED AT THE LETTER A AGAIN. THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THE TASK AND QUICKLY REFUSED BECAUSE HE LOST HIS BALANCE AND WAS UNABLE TO COMPLETE THE TASK. TASK FOUR THE FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT USED THE WRONG HAND, HE DID NOT POINT FORWARD, AND DID NOT FOLLOW DIRECTION. THE DEFENDANT WAS UNABLE TO COMPLETE THIS TASK. TASK FIVE, THE WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT DID NOT FOLLOW DIRECTIONS, WAS UNABLE TO COMPLETE THE TASK AND WAS UNABLE TO KEEP HIS BALANCE. 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. DEPUTY NOCELLA'S IN CAR VIDEO WAS RUNNING DURING THE ENTIRE TIME OF THE STOP AND THE FIELD SOBRIETY TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD BY DEPUTY ALEXANDER. 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 TOWED BY GREGG'S CAR CARE. 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 THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE BREATH TEST WAS ADMINISTERED TO THE DEFENDANT BY THE JAIL PERSONNEL WITH THE RESULTS BEING 0.359 AND 0.341. 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, NUMBER 4433-XDX-1, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT APPEARANCE OF 12/01/11 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* |
