| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR11124093) 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 122311, AT APPROXIMATELY 1730 HOURS, I WAS DRIVING SOUTHBOUND ON WEST NORVELL BRYANT HIGHWAY AND TURNED WEST ON GULF TO LAKE HIGHWAY, WHERE I OBSERVED A MOTORCYCLE LYING DOWN AT THE INTERSECTION OF EASTBOUND TRAFFIC AT GULF TO LAKE HIGHWAY. I OBSERVED THE DRIVER OF THE MOTORCYCLE LATER IDENTIFIED AS THE DEFENDANT, MR SHAWN MICHAEL MAGUIRE, STAGGERING TRYING TO PICK UP THE MOTORCYCLE BUT UNABLE TO DO SO. I THEN MADE CONTACT WITH THE DEFENDANT TO LEARN IF A VEHICLE ACCIDENT MAY HAVE OCCURRED. BUT ONCE MADE CONTACT WAS MADE WITH THE DEFENDANT, HE ADVISED THAT HIS BIKE HAD FALLEN OVER WHILE HE SAT AT THE LIGHT. THE VEHICLE DIRECTLY BEHIND THE DEFENDANT ADVISED THAT THE DEFENDANT DROVE UP THROUGH TRAFFIC ON HIS MOTORCYCLE WHERE HE SAT AT THE RED LIGHT AND JUST FELL OVER. AT THIS TIME THIS DEPUTY OBSERVED A BOTTLE OF JACK DANIELS WHISKEY LYING ON THE GROUND, UNDERNEATH THE MOTORCYCLE. THE DEFENDANT BELONGINGS WERE GATHERED AND THIS DEPUTY TOOK THE DEFENDANT OUT OF TRAFFIC ON TO THE NEIGHBORING CURB SIDE. THE DEFENDANT SLURRED IN HIS SPEECH, STAGGERED AS HE WALKED, AND STILL HAD DIFFICULTY STANDING. I ALSO NOTICED THE ODOR OF ALCOHOLIC BEVERAGE PERMEATING FROM THE DEFENDANT. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE REPLIED YES. I THEN ASKED THE DEFENDANT IF HE WOULD BE WILLING TO PARTICIPATE IN SOME FIELD SOBRIETY EXERCISES, AT WHICH TIME HE SAID YES. 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. I HELD OUT MY PEN APPROXIMATELY 12 INCHES AWAY FROM THE DEFENDANT'S FACE AND ASKED HIM TO TOUCH THE TOP OF MY PEN WITH HIS RIGHT INDEX FINGER, AT WHICH TIME, HE REACHED FOR THE PEN, HE OVERSHOT THE TOP OF MY PEN AND CORRECTED HIMSELF AND RETURNED HIS HAND TO HIS RIGHT SIDE. 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 HAVE VERTICAL GAZE NYSTAGMUS. DURING THE HORIZONTAL GAZE HE WAS UNABLE TO STAND STILL AND WAS UNABLE TO KEEP HIS BALANCE. THE DEFENDANT ALSO TURNED HIS HEAD TO FOLLOW THE DIRECTION OF THE PEN, INSTEAD OF HIS EYES AS HE HAD BEEN INSTRUCTED. TASK TWO, THE ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS TOLD TO STAND STILL WITH HIS HANDS AT HIS SIDE AND NOT TO BEGIN THE EXERCISE UNTIL I INSTRUCTED HIM TO, AT WHICH TIME, HE STARTED THE EXERCISE BEFORE BEING INSTRUCTED. ONCE I TOLD THE DEFENDANT TO START THE EXERCISE HE RAISED HIS RIGHT FOOT AND STATED HE WAS NOT ABLE TO DO THE EXERCISE. I THEN ALSO GAVE HIM A CHANCE TO RETRY THE EXERCISE, AT WHICH TIME, HE COULD NOT COMPLETE IT. WE THEN MOVED OUR LOCATION IN THE PARKING LOT, AT WHICH TIME, THE DEFENDANT ATTEMPTED FOR A THIRD TIME TO COMPLETE THE EXERCISE AND WAS UNABLE TO PERFORM IT AND REFUSED THE EXERCISE. TASK THREE, THE WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE EXERCISE BEFORE DIRECTIONS WERE COMPLETELY GIVEN. THE DEFENDANT WAS TOLD TO TAKE TEN STEPS FORWARD HEEL TO TOE, AT WHICH TIME, THE DEFENDANT ATTEMPTED TO DO THE EXERCISE. HE HELD HIS HANDS TO THE SIDE FOR BALANCE AND BEGAN THE EXERCISE AND DID APPROXIMATELY FIVE TO SIX STEPS FORWARD, AND THEN GAVE UP. TASK FOUR, ALPHABET RECITATION, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO SPEAK THE ALPHABET BETWEEN A TO Z IN A MONOTONE TONE AND NOT TO SING THE ALPHABET. THE DEFENDANT THEN STATED THAT THIS IS DIFFICULT TO DO, AND BEGAN CORRECTLY WITH A, B, THEN STATED D, THEN C, THEN THE DEFENDANT BEGAN SINGING THE REMAINDER OF THE ALPHABET. TASK FIVE, I THEN ASKED THE DEFENDANT TO COUNT BACKWARDS. THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT TO COUNT BACKWARDS FROM 47 TO 40, AND THEN, AT WHICH TIME, THE DEFENDANT STARTED AT 47, 46 , 45, 43, 42, 41, 40. 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. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PICKED UP BY THE DEFENDANT'S FRIEND, MR EDWARD LARSEN. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 4981-XDX-2 WITH A MANDATORY COURT APPEARANCE OF 011912 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
