| Probable cause affidavit: |
SUBMITTED BY: FELIX, REYSON 1284 (AR16-20352)(16-100203) 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 072216, AT APPROXIMATELY 1949 HOURS, I RESPONDED TO A TRAFFIC STOP AT NORTH MAPLEWOOD LANE AND WEST PINE RIDGE BOULEVARD IN BEVERLY HILLS. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY DONCOURT (1396) WHO HAD PREVIOUSLY STOPPED THE VEHICLE. DEPUTY DONCOURT STATED THAT A COMPLAINANT CALLED THE SHERIFF'S OFFICE FROM THE CITGO GAS STATION LOCATED OFF OF HIGHWAY 491 AND HIGHWAY 41 IN REFERENCE TO A WHITE MALE WITH REDDISH HAIR AND FRECKLES STUMBLING IN THE PARKING LOT TRYING TO GET IN HIS VEHICLE. THE COMPLAINANT IDENTIFIED THE VEHICLE TO BE A WHITE UTILITY TRUCK, PLEASE SEE DEPUTY DONCOURT'S SUPPLEMENT FOR FURTHER. I WAS ABLE TO MAKE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR STEVEN ELLIOTT, WHO WAS DRIVING A 2016 WHITE FORD UTILITY TRUCK WITH A FLORIDA LICENSE PLATE I655WS. I WAS ABLE TO OBSERVE THAT THE PERSON STANDING RIGHT NEXT TO THE WHITE PICKUP TRUCK MATCHED THE DESCRIPTION THE COMPLAINANT PROVIDED FROM THE CITGO GAS STATION. I WAS ABLE TO OBSERVE THAT HE WAS THE ONLY OCCUPANT OF THE VEHICLE AT THE TIME OF THIS STOP. WHILE MAKING CONTACT WITH THE DEFENDANT, WHERE HE WAS STANDING RIGHT NEXT TO HIS VEHICLE, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ASKED THE DEFENDANT WHERE HE WAS GOING AND HE STATED HE WAS GOING TO HIS RESIDENCE APPROXIMATELY TWO BLOCKS AWAY. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM AND HE STATED FROM WORK. I THEN ASKED THE DEFENDANT IF HE STOPPED SOMEWHERE IN THE LAST 30 MINUTES PRIOR TO THE TRAFFIC STOP AND HE STATED YES HE STOPPED AT THE GAS STATION LOCATED AT HIGHWAY 491 AND HIGHWAY 41. I ASKED HIM IF HE HAD ANYTHING TO DRINK AND HE STATED HE HAD A COUPLE OF BEERS AT 1200 HOURS ON TODAY'S DATE. I ALSO ASKED HIM IF HE KNEW WHY HE HAD BEEN PULLED OVER AND HE COULD NOT TELL ME. WHILE SPEAKING WITH THE DEFENDANT HE HAD GLASSY EYES AND SLURRED SPEECH. THE DEFENDANT WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR STEVEN ELLIOTT. I ASKED THE DEFENDANT IF HE WOULD PERFORM THE FIELD SOBRIETY TASK AND HE STATED IT WOULD BE OKAY. 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. IT SHOULD BE NOTED THE TASKS WERE PERFORMED ON A REASONABLY FLAT LEVEL SURFACE. 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 KEPT TRYING TO START BEFORE THIS TASK WAS PERFORMED BY THIS DEPUTY. THE DEFENDANT WAS UNABLE TO PERFORM THIS TASK. THE DEFENDANT KEPT TRYING TO USE HIS ARMS FOR THIS TASK FOR BALANCE AND STOPPED AT THE EIGHTH STEP INSTEAD OF THE NINTH STEP AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN BALANCE WITHOUT USING HIS ARMS. THE DEFENDANT WAS INSTRUCTED TO COUNT FROM 1,001 ALL THE WAY TO 1,030. AT THE SIXTH SECOND MARK THE DEFENDANT STOPPED COUNTING AT 1,006 AND STARTED COUNTING SEVEN, EIGHT, AND NINE. THE DEFENDANT FELL OFF BALANCE AND STARTED BACK AT 16 SECONDS AND PICKED UP FROM 17 TO 30. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 LEFT WITH DEPUTY DONCOURT WHO WAS WAITING FOR A FAMILY MEMBER TO COME AND GET THE VEHICLE, PER THE DEFENDANT'S INSTRUCTIONS. 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 .154 AND .157. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE SECOND OFFENSE WITH A $2,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 9962-XEI WITH A MANDATORY COURT APPEARANCE ON 081116 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
