| Probable cause affidavit: |
SUBMITTED BY: NEWTON, LAURA 0459 (AR11119007) 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. did then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to-wit: A SWITCH BLADE, in violation of Florida Statute 790.01(1); ON 012611, AT APPROXIMATELY 2300 HOURS, I HAD RESPONDED TO 8436 WEST LYRICAL LANE IN CRYSTAL RIVER, IN REFERENCE TO A VANDALISM that HAD OCCURRED. AFTER LOCATING THE SUSPECT THAT HAD COMMITTED the VANDALISM, HE ADVISED US THAT HE HAD BEEN FRUSTRATED OVER A GREEN PICK-UP TRUCK THAT WAS DRIVING THROUGH THE NEIGHBORHOOD SQUEALING ITS WHEELS AND DRIVING THROUGH YARDS. HE ADVISED THAT the VICTIM OF THE VANDALISM AND the OWNER OF THE GREEN TRUCK WERE friends and THAT BOTH SUBJECTS HAD BEEN DRIVING PAST HIS RESIDENCE AT ALL HOURS OF the NIGHT SQUEALING THEIR TIRES, HONKING THE HORN, YELLING PROFANITY AT HIM AND HIS FAMILY, AND FLIPPING HIM OFF. WHILE I WAS FINISHING UP ON LYRICAL LANE AT THE ORIGINAL VICTIM'S RESIDENCE, THE MALE SUBJECT IN the GREEN PICK-UP PULLED IN TO THE VICTIM'S RESIDENCE. I APPROACHED THE DRIVER OF THE VEHICLE and REQUESTED HIS NAME, AT WHICH TIME HE CONTINUED WALKING AWAY FROM ME AS IF HE DID NOT HEAR ME. I CAUGHT UP with THE MALE SUBJECT WHO IMMEDIATELY MUMBLED, "I'M HERE TO HELP MY FRIEND". I REQUESTED THE MALE SUBJECT'S DRIVER'S LICENSE AND HE PRODUCED A FLORIDA DRIVER' S LICENSE BEARING B220790584240, IDENTIFYING HIM AS THE DEFENDANT, MR STEPHEN BACSKOCKY. I SPOKE WITH THE DEFENDANT, ABOUT his DRIVING HABITS THROUGH THE NEIGHBORHOOD, TO WHICH HE ADVISED HE AND HIS FRIEND (ORIGINAL VICTIM OF THE VANDALISM) HAVE BEEN DRIVING THROUGH THE NEIGHBORHOOD ERRATICALLY AND THAT they THOUGHT IT WAS A JOKE. WHILE SPEAKING WITH THE DEFENDANT, I NOTICED IT WAS VERY DIFFICULT FOR HIM TO MAINTAIN his BALANCE AND I could SMELL THE ODOR OF ALCOHOL ON HIS BREATH. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING THIS EVENING, TO WHICH HE STATED ONLY A FEW BEERS, and THEN STATED "I DON'T NEED ALL THIS, I JUST CAME TO HELP MY FRIEND". I ASKED THE DEFENDANT IF HE WOULD STEP OUT TO MY PATROL VEHICLE WITH ME, TO WHICH HE COMPLIED. ONCE AT MY PATROL VEHICLE, I REQUESTED THE DEFENDANT PERFORM FIELD SOBRIETY TASKS PRIOR TO ALLOWING HIM TO DRIVE HIS VEHICLE AGAIN. THE DEFENDANT AGREED TO PERFORM THE TASKS. 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 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 THE EXPLANATION AND DEMONSTRATION OF THE TASK, the DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE WHILE STANDING STILL IN FRONT OF ME. UPON ASKING THE DEFENDANT IF HE UNDERSTOOD THE TASK, HE ADVISED HE DID. I ADVISED THE DEFENDANT THAT HE could BEGIN WHEN HE WAS READY, BUT THE DEFENDANT just STOOD STILL. HE BEGAN TO STUMBLE BACKWARDS AND WOULD REGAIN HIS BALANCE. AS HE ATTEMPTED TO BEGIN THE TASK AGAIN, HE AGAIN STUMBLED BACKWARDS UNTIL HE REGAINED HIS BALANCE. HE THEN STATED "I CAN'T DO THIS". AT THAT TIME, THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I PLACED HIM IN HANDCUFFS BEHIND HIS BACK (DOUBLE-LOCKED). DEPUTY JAKOB WHO HAD ARRIVED ON SCENE CONDUCTED A PAT DOWN OF THE DEFENDANT AND LOCATED IN HIS LEFT INNER BREAST JACKET POCKET, A BLACK AND SILVER SWITCH BLADE WHICH UPON PUSHING A BUTTON, A SILVER FOUR INCH BLADE AUTOMATICALLY OPENS FROM the SIX INCH BLACK HANDLE OF THE KNIFE. NO OTHER CONTRABAND WAS LOCATED AND THE DEFENDANT WAS SECURED IN THE REAR OF HIS PATROL VEHICLE. THE DEFENDANT'S VEHICLE WAS LEFT AT 8436 WEST LYRICAL LANE, AT THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .263 AND .276 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH CARRYING A CONCEALED WEAPON WITH A $250.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9120-XAI WITH A MANDATORY COURT APPEARANCE OF 021011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
