| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR09111298) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 100609 AT APPROXIMATELY 0410 HOURS, I WAS TRAVELING NORTH ON SOUTH FLORIDA AVENUE WHEN I OBSERVED A VEHICLE TRAVELING SOUTH IN THE SOUTHBOUND LANE WITH AN INOPERABLE PASSENGER SIDE HEADLIGHT. I IMMEDIATELY TURNED MY PATROL VEHICLE SOUTHBOUND AND ASSUMED A POSITION BEHIND THIS VEHICLE, WHICH WAS A BLUE CHEVROLET BEARING TAG NUMBER K196PN. WHILE ENTERING THIS TAG NUMBER INTO FCIC/NCIC I DID OBSERVE THE VEHICLE SWERVE TO BOTH THE LEFT AND THE RIGHT, PASSING OVER BOTH THE YELLOW AND THE WHITE LINES MULTIPLE TIMES. I THEN TURNED ON MY EMERGENCY LIGHTS AND INITIATED A TRAFFIC STOP IN THE AREA OF SOUTH FLORIDA HIGHWAY AND EAST STONERIDGE COURT. UPON APPROACHING THE VEHICLE I ATTEMPTED TO MAKE CONTACT WITH THE DEFENDANT WHO WAS IN THE DRIVER SEAT. THE DEFENDANT WAS UNABLE TO OPERATE THE DRIVER'S SIDE WINDOW AND HAD TO BE INSTRUCTED BY THE PASSENGER. WHEN THE DEFENDANT FINALLY WAS ABLE TO ROLL DOWN THE DRIVER'S SIDE WINDOW I ASKED THE DEFENDANT FOR HIS DRIVERS LICENSE AND REGISTRATION. THE DEFENDANT'S HANDS REMAINED IN HIS LAP AND THE DEFENDANT KEPT HIS HEAD ANGLED AWAY FROM THIS DEPUTY. THE DEFENDANT STATED THAT THIS WAS NOT HIS VEHICLE. AT WHICH TIME, I ASKED HIM AGAIN FOR HIS LICENSE AND REGISTRATION. THE DEFENDANT PROVIDED ME WITH HIS FLORIDA DRIVERS LICENSE AND AGAIN PLACED HIS HANDS IN HIS LAP. I AGAIN REQUESTED THAT THE DEFENDANT PROVIDE ME WITH THE VEHICLE REGISTRATION, TO WHICH HE REPLIED THIS WAS NOT HIS VEHICLE. I THEN VERIFIED THAT THE ADDRESS LISTED ON THE DEFENDANT'S FLORIDA DRIVERS LICENSE WAS CORRECT, TO WHICH HE STATED YES. AT THAT TIME, I WAS ABLE TO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT, TO WHICH HE REPLIED ABOUT A SIX PACK. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE, WHICH HE DID. UPON EXITING THE VEHICLE I OBSERVED THAT THE DEFENDANT HAD A DIFFICULT TIME MAINTAINING HIS BALANCE AND REQUIRED SEVERAL ATTEMPTS IN ORDER TO PLACE HIS WALLET BACK IN HIS POCKET. AT THAT TIME, I EXPLAINED TO THE DEFENDANT THAT I HAD CONCERNS FOR HIS ABILITY TO SAFELY OPERATE A MOTOR VEHICLE AND ASKED IF HE WOULD SUBMIT TO ROAD SOBRIETY TASKS. WHILE SPEAKING TO THE DEFENDANT I AGAIN OBSERVED THAT HE HAD DIFFICULTY MAINTAINING HIS BALANCE. THE DEFENDANT DID ADVISED THAT HE WOULD COOPERATE AND TAKE THE ROAD SIDE SOBRIETY TASKS. 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 HAD NO PROBLEMS WITH HIS/HER 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. DURING THIS TASK I DID OBSERVE THAT THE DEFENDANT'S EYES APPEARED BOTH GLASSY AND BLOODSHOT AS WELL AS THE FACT THAT THE DEFENDANT HAD A DIFFICULT TIME MAINTAINING HIS BALANCE. TASK TWO, WALK AND TURN. IN EXPLAINING THIS TASK THE DEFENDANT WAS UNABLE TO FOLLOW SIMPLE INSTRUCTIONS AND WAS UNABLE TO MAINTAIN HIS BALANCE. AFTER LOOSING HIS BALANCE SEVERAL TIMES THE DEFENDANT STATED "I FAILED." I ASKED THE DEFENDANT IF HE WAS REFUSING TO PERFORM THIS TASK, TO WHICH HE STATED "I FAILED." I ASKED THE DEFENDANT WHY HE THOUGHT HE HAD FAILED THE TASK, TO WHICH HE REPLIED "BECAUSE OF THE MEDICATION I HAVE TAKEN." I ASKED THE DEFENDANT WHAT MEDICATIONS HE HAD TAKEN, TO WHICH HE STATED XANAX AND DEPAKOTE. I AGAIN ASKED THE DEFENDANT IF HE WAS REFUSING TO PERFORM THIS TASK, TO WHICH HE REPLIED NUMEROUS TIMES "FUCK THE DUMB SHIT" AND "HOOK ME UP". AT THAT TIME, I INFORMED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED AND PLACED IN THE REAR OF MY PATROL VEHICLE. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED CARD. THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS MULTIPLE TIMES. I THEN ASKED THE DEFENDANT AGAIN WHAT MEDICATIONS HE HAD TAKEN, TO WHICH HE STATED XANAX AND DEPAKOTE. THE DEFENDANT ALSO ADVISED THAT BOTH OF THESE MEDICATIONS WERE PRESCRIBED TO HIM, BUT COULD NOT ADVISE WHAT DOSAGE OR WHEN HE HAD LAST TAKEN THE MEDICATION. I AGAIN ASKED THE DEFENDANT WHEN HE HAD LAST TAKEN THE MEDICATION, TO WHICH HE REPLIED "ASK MY DOCTOR". PRIOR TO MY LEAVING THE SCENE, DEPUTY PATTERSON ARRIVED ON SCENE AND MADE ARRANGEMENTS FOR ADVANCED TOWING TO REMOVE THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO BREATH TEST OPERATOR MAZZERALLE. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .225 AND .207. 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 9822-XCO4 WITH A MANDATORY COURT APPEARANCE OF 101909 AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9192-FYK5, FOR VIOLATION OF STATUTE 316.610 REFERENCE THE INOPERABLE HEADLIGHT WITH A $101.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
