| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR08104740) 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 081708 AT APPROXIMATELY 0200 HOURS, I WAS TRAVELING SOUTHBOUND ON NORTH FLORIDA AVENUE FROM NORTH CITRUS SPRINGS BOULEVARD. I OBSERVED A WHITE BUICK FOUR DOOR TRAVELING NORTHBOUND ON NORTH FLORIDA AVENUE AT A HIGH RATE OF SPEED. I ESTIMATED THE VEHICLE'S SPEED TO BE 90 MILES PER HOUR (MPH) IN A POSTED 55 MPH SPEED ZONE. I ACTIVATED MY RADAR, HEARD A CLEAR AUDIO DOPPLER TONE AND READ A TARGET SPEED OF 92 MPH. THERE WERE NO OTHER VEHICLES ON THE ROADWAY SO I IMMEDIATELY TURNED MY PATROL VEHICLE AROUND AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. I APPROACHED THE DRIVER/DEFENDANT, IDENTIFIED AS MR SHAWN CLEMENTS MAYNARD, AND ASKED HIM FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. THE DEFENDANT GAVE ME HIS DRIVER'S LICENSE AND AFTER STARING AT APPROXIMATELY FIVE SUPER MARKET RECEIPTS, HE WAS ABLE TO LOCATE HIS REGISTRATION. I NOTICED THE DEFENDANT HAD THE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. HIS SPEECH WAS SLURRED AND HIS EYES WERE BLOODSHOT AND WATERY. I ASKED HIM WHERE HE WAS HEADED TO AND HE SAID HE WAS GOING TO DUNNELLON TO BUY SOME CRACK. I ASKED HIM IF HE SMOKED CRACK AND HE SAID NOT TONIGHT. HE SAID HE WANTED TO BUY CRACK AND THEN GO HOME. I ASKED HIM WHERE HE WAS COMING FROM AND HE SAID GP LIQUOR LOUNGE. HE ALSO SAID WHILE HE WAS AT GP LIQUOR LOUNGE, HE HAD A LOT TO DRINK and HE FELT SMASHED. I ASKED HIM IF HE KNEW WHY I HAD STOPPED HIM AND HE SAID YES, BECAUSE HE WAS SPEEDING. HE SAID HE WANTED TO HURRY UP AND BUY HIS DOPE SO HE COULD GO HOME AND SLEEP. I ASKED HIM IF HE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASKS TO DETERMINE IF HE WAS IMPAIRED AND HE SAID YES. 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 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE 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 COULD NOT KEEP BALANCE DURING INSTRUCTIONS, DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE, STOPPED TO STEADY HIMSELF, RAISED HIS ARMS FOR BALANCE AND PERFORMED THE TURN INCORRECTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN, RAISED HIS ARMS FOR BALANCE AND THEN VOLUNTARILY STOPPED THE TASK, SAYING HE COULD NOT CONTINUE. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. 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, CITATION NUMBER 6974XDO, WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 2252-FIR, FOR UNLAWFUL SPEED, 92 MPH IN A POSTED 55 MPH SPEED ZONE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 223656B, FOR NO SEAT BELT BY DRIVER. *NOT-EXEMPT* |
