| Probable cause affidavit: |
SUBMITTED BY: CRANE, RYAN N223 (AR10115682) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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'S STATE STATUTE 327.35(1). AT APPROXIMATELY 1930 HOURS, I OFFICER CRANE WITH THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION WAS ON WATER PATROL IN KINGS BAY CITRUS COUNTY NEAR THE SHALLOWS. I OBSERVED THE SUSPECT, MR STACY MOSLEY, OPERATING VESSEL FL1774HU WHEN I STOPPED HIM FOR BOATING SAFETY INSPECTION. I ASKED MR MOSLEY TO LOCATE HIS LIFE JACKETS, FIRE EXTINGUISHER, SOUND MAKING DEVICE, AND REGISTRATION. MR MOSLEY WAS UNSTEADY WHILE LOCATING HIS LIFE JACKETS. MR MOSLEY WAS EXHIBITING SLURRED SPEECH AND COULD NOT REMEMBER WHAT SAFETY EQUIPMENT I HAD ASKED HIM FOR BEYOND THE LIFE JACKETS. MR MOSLEY HAD GLASSY BLOODSHOT EYES AND CONTINUED TO SLUR HIS SPEECH WHEN I ASKED HIM AGAIN TO LOCATE HIS SOUND MAKING DEVICE AND REGISTRATION. AT THIS POINT, I HAD SUSPICION THAT MR MOSLEY WAS OPERATING A VESSEL WHILE IMPAIRED. AT THIS TIME I ASKED MR MOSLEY TO HAVE A SEAT IN MY VESSEL FOR HIS AND MY SAFETY AND FOR A FLAT SURFACE TO PERFORM FIELD SOBRIETY TASKS. I ASKED MR MOSLEY PRELIMINARY QUESTIONS FOR FIELD SOBRIETY TASKS FOR WHICH HE ANSWERED NO TO ALL OF THEM. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE SUSPECT 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, PALM PAT. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT STARTED BEFORE BEING TOLD, SLID HIS HAND IN A KNIFING MOTION AND DID NOT SPEED UP AS DIRECTED. TASK THREE, FINGER COUNT. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT STARTED BEFORE BEING TOLD, MISCOUNTED HIS FINGERS THREE TIMES, IMPROPER FINGER TOUCH THREE TIMES WITH HIS INDEX FINGER, DID NOT SPEED UP AND HAD IMPROPER FINGER COUNT THREE TIMES. TASK FOUR, FINGER TO NOSE. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT WAS UNCERTAIN OF PROPER HAND WHEN ASKED FOR HIS RIGHT HAND. HE THEN USED HIS LEFT HAND WHEN DIRECTED TO USE HIS RIGHT. MR MOSLEY COMPLETED THE TASKS SLOWLY BUT ACCURATELY WITH EXCEPTION OF WHEN I ASKED FOR HIS RIGHT HAND. TASK FIVE, RECITE THE ALPHABET. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT SANG THE ALPHABET, MISSED "P & V", HESITATED BEFORE "W" AND SKIPPED "S,Y,Z". TASK SIX, BACKWARDS COUNT. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT HESITATED BETWEEN 89 AND 88, 87 AND 86, 85 AND 84, 81 AND 80, 75 AND 74, 73 AND 72, 71 AND 70, 69 AND 68, 67 AND 66, 66 AND 65. MR MOSLEY REPEATED 79 AND COUNTED UP FROM 66 TO 67. MR MOSLEY COUNTED TO 61 AND THEN I TOLD HIM TO STOP. THE DIRECTIONS STATED TO COUNT TO 65. AT THIS TIME, I ADVISED MR MOSLEY THAT I NEEDED TO TAKE HIM TO PETE'S PIER TO COMPLETE THE FIELD SOBRIETY TASKS, TO WHICH HE STATED THAT HE UNDERSTOOD. TASK SEVEN, WALK AND TURN. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT LOST BALANCE ON STEP 3 COMING BACK DOWN THE LINE AND USED HIS ARMS FOR BALANCE. MR MOSLEY DID NOT STEP HEEL TO TOE. TASK EIGHT, ONE LEG STAND. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT MR MOSLEY SWAYED AND USED HIS ARM FOR BALANCE ON COUNT 3, 10 & 12. MR MOSLEY PUT HIS FOOT DOWN ON STEP 13 & 17. AT THIS TIME I ADVISED MR MOSLEY THAT I HAD PROBABLE CAUSE AND PLACED HIM UNDER ARREST FOR BOATING UNDER THE INFLUENCE (BUI), HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS 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 WITH THE TEST RESULTS BEING .255 AND .251. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VESSEL WAS TURNED OVER TO THE BOAT OWNER. THE DEFENDANT WAS CHARGED WITH OPERATING A VESSEL UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA BUI UNIFORM TRAFFIC CITATION, CITATION NUMBER V266734 WITH A MANDATORY COURT APPEARANCE ON 072210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
