| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR08102529) 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(1) AND DID REFUSE TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD, AND WHOSE DRIVING PRIVILEGE WAS PREVIOUSLY SUSPENDED FOR A PRIOR REFUSAL TO SUBMIT TO A LAWFUL TEST OF HIS BREATH, BLOOD OR URINE, IN VIOLATION OF FLORIDA STATED STATUTE 316.1939(1)(E) ON 040408, WHILE CONDUCTING A SEPARATE CRIMINAL INVESTIGATION IN THE AREA OF THE 3200 BLOCK OF SOUTH FLORIDA AVENUE, THE DEFENDANT PULLED HIS VEHICLE PARTIALLY ON TO THE SIDEWALK NEAR THAT LOCATION, LEAVING THE REMAINDER OF HIS VEHICLE IN THE ROADWAY. THE DEFENDANT EXITED HIS VEHICLE, STOOD ON THE SIDEWALK WATCHING US FOR SEVERAL SECONDS AND THEN ATTEMPTED TO OPEN HIS PASSENGER SIDE DOOR AS IF HE WERE GOING TO SIT IN THE PASSENGER SEAT. CORPORAL SCHANEL AND I BEGAN TO APPROACH THE SUBJECT TO DETERMINE IF HE NEEDED ANY TYPE OF ASSISTANCE, AT WHICH TIME HE HURRIED BACK TO THE VEHICLE AND SAT DOWN IN THE DRIVER'S SEAT. BY THAT TIME, CORPORAL SCHANEL WAS MAKING CONTACT WITH THE DEFENDANT AND WAS ASKING HIM IF EVERYTHING WAS OKAY OR IF HE REQUIRED ANY ASSISTANCE. WHILE CORPORAL SCHANEL WAS SPEAKING WITH THE DEFENDANT, HE DETECTED THE STRONG ODOR ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT'S VEHICLE. CORPORAL SCHANEL ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE, AT WHICH TIME I MADE CONTACT WITH HIM. THE DEFENDANT WAS ASKED IF HE HAD HAD ANYTHING TO DRINK, AT WHICH TIME HE TURNED AROUND AND PLACED HIS HANDS ON TO THE VEHICLE. WHILE SPEAKING WITH THE DEFENDANT, I ALSO SMELLED A VERY STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT. I NOTED HIS EYES TO BE GLASSY AND HIS STANCE TO BE UNSTEADY. I EXPLAINED TO THE DEFENDANT THAT I HAD CONCERNS FOR HIS ABILITY TO DRIVE AND ASKED HIM TO PARTICIPATE IN A SERIES OF ROADSIDE 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION PHASE OF THIS TASK, THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HIS BALANCE, DIFFICULTY STANDING HEEL TO TOE AND FELL OFF THE LINE TWICE. THE TASK WAS BEGUN, AT WHICH TIME THE DEFENDANT TOOK SEVEN STEPS FORWARD AND NINE STEPS BACK AND DID NOT TOUCH HEEL TO TOE ON ANY OF THE STEPS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HIS FOOT APPROXIMATELY SIX INCHES ABOVE THE GROUND FOR APPROXIMATELY TEN SECONDS, LOST BALANCE AND BEGAN TO FALL BACKWARD. OUT OF CONCERN FOR THE DEFENDANT'S SAFETY, THE TASK WAS ENDED. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO RETURN HIS HAND TO HIS SIDE AS INSTRUCTED. THE DEFENDANT WAS REMINDED TO RETURN HIS HAND TO HIS SIDE AND TO TOUCH HIS INDEX FINGER TO THE TIP OF HIS NOSE INSTEAD OF HIS INDEX AND MIDDLE FINGERS. THE DEFENDANT ATTEMPTED THE TASK AGAIN AND AGAIN FAILED TO RETURN HIS HAND TO HIS SIDE AND AGAIN BEGAN TO FALL BACKWARD. THIS TASK WAS ALSO ENDED OUT OF CONCERN FOR THE DEFENDANT'S SAFETY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN the REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY A ROTATION WRECKER. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. IT SHOULD BE NOTED THAT DHSMV RECORDS INDICATE THAT THE DEFENDANT HAD RECENTLY PREVIOUSLY REFUSED TO SUBMIT TO AN APPROVED TEST OF HIS BREATH. 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, CITATION NUMBER 4271-XDX, WITH A MANDATORY COURT APPEARANCE ON 042108 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION, CITATION NUMBER 9783-FIQ, FOR REFUSAL TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, BLOOD OR URINE WITH A PRIOR REFUSAL, WITH A MANDATORY COURT APPEARANCE ON 042108 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 9782-FIQ, FOR STOPPING, STANDING OR PARKING OUTSIDE A MUNICIPALITY, WITH A FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
