| Probable cause affidavit: |
SUBMITTED BY: FELIX, REYSON 1284 (AR17-22713) (17-25611) 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 021917, AT APPROXIMATELY 2020 HOURS, I OBSERVED A GREEN IN COLOR CHEVROLET SPORTS UTILITY VEHICLE BEARING FLORIDA LICENSE PLATE, Z6MJP, DRIVING NORTH ON CARL G ROSE HIGHWAY AND WITHLACOOCHEE TRAIL. AS SOON AS THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR SHEA GARGANTA, SAW THIS DEPUTY, HE IMMEDIATELY PULLED TO THE SIDE OF THE ROAD AND CAME TO A COMPLETE STOP. I WAS LOCATED AT THE STOP SIGN OF WITHLACOOCHEE TRAIL AND NORTH CARL G ROSE HIGHWAY. THIS DEPUTY WAS WAITING FOR TRAFFIC THAT WAS GOING SOUTH ON CARL G ROSE HIGHWAY TO PASS SO THAT I COULD MAKE CONTACT WITH THE DEFENDANT TO SEE IF HE NEEDED ANY ASSISTANCE. I THEN OBSERVED THE DEFENDANTâS VEHICLE TO GET BACK ON THE ROAD AND MAKE A LEFT ON WITHLACOOCHEE TRAIL. THROUGH MY REARVIEW MIRROR, I OBSERVED THAT THE VEHICLE THAT THE DEFENDANT WAS DRIVING HAD AN INOPERABLE TAIL LIGHT. AT THAT POINT I TURNED AROUND ON THE VEHICLE AND ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP AND CAME TO A FINAL STOP AT THE KANGAROO GAS STATION LOCATED AT 8496 NORTH CARL G ROSE HIGHWAY, IN HERNANDO. UPON MAKING CONTACT WITH THE DEFENDANT, I COULD SENSE A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON. THE DEFENDANT ALSO HAD BLOODSHOT, GLASSY EYES AND SLURRED SPEECH. I ALSO ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES AND HE STATED YES. THE DEFENDANT STATED THAT HE HAD APPROXIMATELY SIX TO EIGHT BEERS APPROXIMATELY THREE HOURS AGO. THE DEFENDANT WAS THEN ASKED TO EXIT THE VEHICLE WHERE I THEN CONDUCTED A FIELD SOBRIETY TASK. 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. 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 NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT UNDERSTAND THE INSTRUCTIONS THAT I WAS GIVING TO HIM AND I HAD TO EXPLAIN THE INSTRUCTIONS APPROXIMATELY TWO TIMES. THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE WHILE I WAS INSTRUCTING THE TASK TO HIM, THE DEFENDANT KEPT USING HIS ARMS TO MAINTAIN HIS BALANCE. DURING THE FIRST NINE STEPS THE DEFENDANT FELL OFF BALANCE APPROXIMATELY THREE TIMES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN BALANCE WITHOUT USING HIS ARMS LIKE HE WAS EXPLAINED. AT THE NINE SECOND MARK HE FELL OFF BALANCE AND STARTED OVER FROM THE 11 SECOND MARK. 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 WAS READ HIS MIRANDA WARNINGS VIA CARD. 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 TURNED OVER TO THE OWNER OF THE VEHICLE. 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 TEST RESULTS BEING .101 AND .107. 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 DUI UNIFORM TRAFFIC CITATION, NUMBER A44KS0E WITH A MANDATORY COURT APPEARANCE OF 030917 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, NUMBER 99045582, FOR INOPERABLE TAIL LIGHT. |
