| Probable cause affidavit: |
SUBMITTED BY: HARTZIG, BOBBY FHP2809 (AR09111724) 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 112309 AT 1500 HOURS I WAS DISPATCHED TO A TRAFFIC CRASH ON US HIGHWAY 41 AT 1615 HOURS I ARRIVED ON SCENE. UPON ARRIVAL I SPOKE WITH DRIVER ONE WHO WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR STEPHEN B JOHNSTON. WHILE SPEAKING WITH THE DRIVER I DETECTED A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON. THE DRIVER ALSO HAD BLOOD SHOT WATERY EYES, WITH SLURRED SPEECH. I THEN ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE TO WHICH HE HANDED ME A BUSINESS CARD AND A RECEIPT. I THEN RE ASKED THE DRIVER AND EXPLAINED TO HIM THAT I DID NOT HAVE THE DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE AND THAT THOSE DOCUMENTS ARE REQUIRED TO INVESTIGATE A TRAFFIC CRASH IN FLORIDA. WITH THE HELP OF THIS TROOPER THE DRIVER WAS ABLE TO FIND ALL REQUIRED DOCUMENTS. I THEN SPOKE WITH DRIVER TWO WHO STATED THAT SHE WAS DRIVING SOUTH ON US HIGHWAY 41 AND FOR UNKNOWN REASONS THE DRIVER OF VEHICLE ONE HIT HER VEHICLE FROM THE REAR. THE DRIVER OF VEHICLE ONE WAS THEN RE INFORMED THAT I WAS NO LONGER INVESTIGATING A TRAFFIC CRASH AND WAS MOVING INTO A CRIMINAL DUI INVESTIGATION. 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, HE STATED THAT HE HAD SEVERAL BACK SURGERIES HOWEVER HE WAS STILL ABLE TO WALK, STAND, AND SIT. 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 THIS TASK, THE DEFENDANT WAS UNABLE TO MAKE ANY HEEL TO TOE STEPS AND STEPPED OFF THE LINE DURING ALL FIRST NINE STEPS. THE DEFENDANT THEN STEPPED OFF THE LINE ON STEPS 2,5,6,7 DURING HIS WAY BACK TOWARDS ME DURING THIS TASK. THE LINE USED FOR THIS TEST WAS ON WEST US HIGHWAY 41'S PAINTED SOLID WHITE LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DROPPED HIS FOOT AT THREE, FOUR, FIVE, SIX, SEVEN, AND ELEVEN SECONDS. WHEN THE DEFENDANT DROPPED HIS FOOT ON THE 11TH SECOND HE STATED HE WAS UNABLE TO CONTINUE. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS FIRST ASKED TO TOUCH HIS RIGHT INDEX FINGER TO HIS NOSE FOR WHICH HE TOUCHED THE LEFT SIDE OF HIS NOSE. HE WAS THEN ASKED TO TOUCH HIS RIGHT INDEX FINGER TO HIS NOSE WHICH HE TOUCHED JUST BELOW HIS NOSE. HE THEN WAS ASKED TO USE HIS LEFT INDEX FINGER AND THE DEFENDANT THEN TOUCHED JUST BELOW HIS NOSE. NEXT THE DEFENDANT WAS TO USE HIS RIGHT INDEX FINGER AND AGAIN TOUCHED BELOW HIS NOSE. THE DEFENDANT WAS TO USE HIS LEFT INDEX FINGER AND HE THEN TOUCHED JUST ABOVE THE BRIDGE OF HIS NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, WHICH RESULTED IN A CRASH. 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 SECURED ON SCENE AND LEFT WITH HIS MOTHER. 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 .055, .054 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE, AND FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A BOND OF $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, 0644-XEZ, AND FLORIDA UNIFORM TRAFFIC CITATION, 0645-XEZ. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER, FOR CARELESS DRIVING 0775-SSX WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
