| Probable cause affidavit: |
SUBMITTED BY: CLOUD, TOD FHP3745 (AR07005203) 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 092107 AT APPROXIMATELY 1628 HOURS, I OBSERVED A BLACK ISUZU PICK-UP TRUCK TRAVELING WEST OUT OF THE PARKING LOT OF JIM'S CLUB ON U S HIGHWAY 19 SOUTH OF STONEBROOK DRIVE. AS THE VEHICLE EXITED THE PARKING LOT TO GO NORTHBOUND ON U S HIGHWAY 19, IT RAN ANOTHER VEHICLE OUT OF ITS LANE OF TRAVEL AND ONTO THE GRASS MEDIAN. UPON OBSERVING THIS TRAFFIC VIOLATION, I ACTIVATED MY EMERGENCY LIGHTS TO PERFORM A TRAFFIC STOP ON THE WHITE ISUZU. THE VEHICLE PULLED OVER ON THE NORTHBOUND SHOULDER OF U S HIGHWAY 19 SOUTH OF WHITE DOGWOOD DRIVE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR STEPHEN CHRISTOPHER ARGUS, I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE. HE ALSO HAD BLOOD SHOT EYES AND A FLUSHED FACE. UPON ASKING THE DEFENDANT IF HE KNEW WHY HE WAS BEING STOPPED, HE STATED, "YES BECAUSE I'M DRUNK". I ADVISED THE DEFENDANT THAT HE HAD RUN A VEHICLE OFF THE ROAD AND ONTO THE MEDIAN. I THEN HAD THE DEFENDANT EXIT HIS VEHICLE. AS HE EXITED, I OBSERVED THAT HE WAS UNSTEADY ON HIS FEET AND WAS ALSO UNSTEADY WALKING AND STANDING. I ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. HE DID NOT DO WELL ON THE HORIZONTAL GAZE NYSTAGMUS BECAUSE HE COULD NOT FOLLOW THE TIP OF MY PEN SMOOTHLY WITH BOTH OF HIS EYES. HIS EYES ALSO STOPPED AT APPROXIMATELY FORTY-FIVE DEGREES IN BOTH EYES AND WOULD NOT GO ANY FURTHER. DUE TO THE CONDITIONS ON THE ROADWAY, I ASKED THE DEFENDANT IF HE WOULD PERFORM THE RHOMBERG ALPHABET TASK. HE STATED THAT BECAUSE OF THE GRASS AND THE SLOPE OF THE SHOULDER, HE WOULD NOT ATTEMPT TO PERFORM THE TASK. I THEN ASKED HIM TO ENTER MY PATROL VEHICLE. I DROVE SOUTH APPROXIMATELY THREE HUNDRED FEET TO A PARKING LOT. I HAD THE DEFENDANT EXIT MY PATROL VEHICLE AND ASKED HIM IF HE WOULD NOW PERFORM THE RHOMBERG ALPHABET TASK, TO WHICH HE STATED THAT HE COULD NOT PERFORM IT BECAUSE HE HAD A PROBLEM WITH HIS EAR. I ASKED HIM IF HE WOULD PERFORM THE FINGER TO NOSE TASK. I DEMONSTRATED AND EXPLAINED THE TASK TO HIM, AT WHICH TIME, THE DEFENDANT ADVISED THAT HE COULD NOT PERFORM THE TASK BECAUSE HE HAD A BAD EAR. I THEN ASKED HIM IF HE HAD ANY PROBLEMS WITH HIS BACK OR LEGS, TO WHICH HE STATED THAT HE HAD A BAD KNEE. I EXPLAINED AND DEMONSTRATED THE ONE LEG STAND, TO WHICH THE DEFENDANT STATED THAT HE COULD NOT PERFORM THAT TASK BECAUSE OF HIS BAD KNEE. I ALSO EXPLAINED AND DEMONSTRATED THE WALK AND TURN TASK, TO WHICH THE DEFENDANT STATED THAT HE COULD NOT PERFORM THAT TASK EITHER BECAUSE OF HIS BAD KNEE. AT APPROXIMATELY 1642 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE. HE WAS THEN READ 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 TOWED BY JIM'S QUALITY PAINT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE 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 0881-XAU, WITH A MANDATORY COURT APPEARANCE OF 101107 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 4992-SIZ, FOR VIOLATION OF RIGHT OF WAY AT A DRIVEWAY WITH A $120.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. FLORIDA HIGHWAY PATROL CASE NUMBER FHPC07OFF100190 *NOT-EXEMPT* |
