| Probable cause affidavit: |
SUBMITTED BY: DAVIS, JAMES (AR09111783) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 110609, I RESPONDED AS BACK UP TO DEPUTY PINNER'S TRAFFIC STOP. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY PINNER, WHO ADVISED THAT WHILE FOLLOWING THE DRIVER IN QUESTION FROM HIGHWAY 19 TO TURKEY OAK, HE OBSERVED THE SUBJECT WAS STRADDLING THE WHITE FOG LINE FOR MOST OF THE TIME HE TRAVELED DOWN TURKEY OAK. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT, AND WHILE SPEAKING WITH HIM AT THE WINDOW, I COULD SMELL THE STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON. I ALSO NOTICED THAT THE SUBJECT HAD A DAZED AND CONFUSED LOOK ON HIS FACE. I ASKED HIM IF HE HAD BEEN DRINKING TONIGHT, TO WHICH HE RESPONDED, YES, HE HAD TWO BEERS. AT THAT TIME, I ASKED HIM TO STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE AGREED. WHILE GETTING OUT OF THE VEHICLE, THE SUBJECT WAS SO UNSTEADY ON HIS FEET THAT HE WAS STAGGERING TO THE BACK OF THE VEHICLE AND HAVING A HARD TIME MAINTAINING HIS BALANCE. 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. THIS TASK WAS NOT PERFORMED DUE TO DEFENDANT NOT BEING ABLE TO KEEP HIS HEAD STRAIGHT, AND FOLLOW MY PEN WITH HIS EYES. TASK TWO, ONE LEGGED STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS PLACING ONE FOOT DOWN WHILE LIFTING THE OTHER FOOT, AND USING HIS ARMS FOR BALANCE. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED DURING THE INSTRUCTIONAL PHASE, DID NOT WALK HEEL TO TOE, STEPPED OFF THE LINE ON SEVERAL OCCASIONS, AND COULD NOT MAINTAIN HIS BALANCE. TASK FOUR: FINGER TO NOSE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT COULD NOT TOUCH THE TIP OF HIS NOSE, AND WAS SWAYING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) OF AN ALCOHOLIC BEVERAGE. HE WAS SECURED IN THE REAR SEAT OF DEPUTY JAKOB'S AGENCY VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION CENTER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE AT HIS REQUEST. UPON ARRIVAL AT THE DETENTION CENTER, 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 .129 AND .129 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $5,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (NUMBER 3159 XDQ), WITH A MANDATORY COURT APPEARANCE OF 11/19/09 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. A CRIMINAL HISTORY WAS DONE ON THE DEFENDANT, SHOWING THAT HE HAD TWO ADDITIONAL DUI ARRESTS WITH DATES OF 2005 AND UNDERNEATH IT SHOWED THAT IT APPEARS THAT THIS WILL BE HIS THIRD OFFENSE. *NOT-EXEMPT* |
