| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR11118926) 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). ON 012011 AT APPROXIMATELY 1400 HOURS, I WAS ASSISTING DEPUTY STEVE SMITH IN A FELONY TAKE DOWN, REFERENCE THE PASSENGER OF THE VEHICLE WAS A WANTED FELON. THE VEHICLE TRAVELLED A SHORT DISTANCE FROM WINN DIXIE IN MEADOWCREST, NORTHBOUND ON NORTH MEADOWCREST BOULEVARD. DEPUTY SMITH ACTIVATED HIS BLUE LIGHTS AND SIRENS. the VEHICLE INITIALLY STOPPED, BUT THEN STARTED ROLLING FORWARD AGAIN. THE DRIVER WAS TOLD SEVERAL TIMES TO PLACE THE VEHICLE IN PARK. BOTH THE PASSENGER AND THE DRIVER WERE IMMEDIATELY PLACED IN HANDCUFFS, DUE TO THE NATURE OF THE FELONY WARRANT. AS I WAS HANDCUFFING THE DRIVER, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH AND HE WAS SLURRING HIS WORDS, HAVING TROUBLE MAINTAINING HIS BALANCE. ONCE THE SCENE WAS SECURED, I OBSERVED AN OPEN COORS LIGHT IN A CUP HOLDER ON THE DRIVER SIDE. IT WAS COLD TO THE TOUCH AND APPROXIMATELY HALF FULL. I DUMPED A SMALL PORTION OUT OF THE CAN ONTO THE GROUND TO CONFIRM THAT IT WAS AN ALCOHOLIC BEVERAGE. 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 AND HE WAS NOT WEARING CONTACT LENSES. THE DEFENDANT HAD EQUAL TRACKING AND EQUAL PUPIL SIZE. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT HAD SEVERE DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION. THE DEFENDANT HAD ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO 45 DEGREES IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO RAISE HIS LEFT FOOT APPROXIMATELY SIX INCHES OFF THE GROUND. HE WAS UNABLE TO MAINTAIN HIS BALANCE FOR MORE THAN THREE SECONDS. HE PLACED HIS FOOT ON THE GROUND TWICE. the exercise WAS STOPPED FOR HIS SAFETY. HE ADVISED ME THAT THERE IS NO WAY HE CAN WALK A STRAIGHT LINE. TASK THREE, MODIFIED FINGER TO NOSE, THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING the TASK THE DEFENDANT ATTEMPTED TO TOUCH THE TIP OF HIS LEFT FINGER to the TIP OF HIS NOSE, TOUCHED TOWARDS THE TOP BRIDGE OF his NOSE, LOST HIS BALANCE, FELL FORWARD AND I CAUGHT HIM BEFORE HE FELL ALL THE WAY TO THE GROUND. NO other EXERCISES WERE ATTEMPTED DUE TO THE SEVERE IMPAIRMENT OF THE DEFENDANT, FOR HIS SAFETY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 .221 AND .205. 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 4671-XDX-2, WITH A MANDATORY COURT APPEARANCE TO BE SET, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7178-GJX-1, FOR AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
