| Probable cause affidavit: |
SUBMITTED BY: AMSLER, KENNETH (AR08104552) 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 080508 AT APPROXIMATELY 0150 HOURS, I WAS RUNNING STATIONERY RADAR ION U S HIGHWAY 41 NORTH IN THE AREA OF THE ROLLER BARN. WHILE I WAS PARKED OFF OF THE ROADWAY, A VEHICLE CAME WITHIN FEET OF STRIKING THE SIDE OF MY PATROL CAR AS IT PROCEEDED NORTH ON U S HIGHWAY 41 NORTH. I PULLED OUT AND FOLLOWED THE VEHICLE OVER THE VIADUCT WHERE I OBSERVED IT GOING FROM SIDE TO SIDE IN THE LANE OF TRAVEL, CROSSING ONTO THE YELLOW LINE AND OVER ONTO THE WHITE LINE. I ACTIVATED MY OVERHEAD LIGHTS BUT THE VEHICLE FAILED TO STOP FOR APPROXIMATELY ONE MINUTE. I ACTIVATED MY SIREN DURING THIS TIME, WHICH HAD NO EFFECT ON THE DRIVER. THE DRIVER EVENTUALLY PULLED INTO THE CHEVRON GAS STATION WHERE I MADE CONTACT WITH THE DRIVER. I IDENTIFIED MYSELF TO THE DRIVER AND REQUESTED HIS DRIVER'S LICENSE, WHERE I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE. I THEN ASKED THE DRIVER IF HE HAD BEEN DRINKING, AT WHICH POINT HE STATED, YES AND THAT HE HAD COME FROM GRIFF'S BAR. I ASKED THE DRIVER, WHO AT THIS TIME HAD BEEN IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR STEVEN HERNDON, TO STEP FROM THE VEHICLE, TO WHICH HE COMPLIED. I ADVISED HIM I BELIEVED HIM TO BE IMPAIRED TO OPERATE THE MOTOR VEHICLE AND REQUESTED HE SUBMIT TO FIELD SOBRIETY TASKS. I ASKED THE DRIVER IF HE HAD ANY MENTAL OR PHYSICAL DEFECTS WHICH WOULD PREVENT HIM FROM PERFORMING THE FIELD SOBRIETY TASKS, TO WHICH HE SAID HE HAD HIV. I ASKED IF HE WAS ON ANY TYPE OF MEDICATIONS, TO WHICH HE STATED, NO AND LATER STATED, YES, BUT APPEARED NOT TO BE SURE. I THEN ASKED IF HE HAD EPILEPSY, TO WHICH HE STATED, YES, IT COMES AND GOES. I THEN ASKED IF HE REQUIRED GLASSES, AT WHICH POINT HE SAID YES. I ADVISED HIM I WOULD EXPLAIN AND DEMONSTRATE THE TASKS I WAS ASKING HIM TO PERFORM, BUT FOR HIM NOT TO STOP BEFORE I INSTRUCTED HIM TO. FIRST TASK; HEEL TO TOE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT TWICE. HE WAS UNABLE TO MAINTAIN HEEL TO TOE, COUNTING OUT LOUD AND SWAYING FROM SIDE TO SIDE. HE ONLY COMPLETED HALF OF THE TASK AND STOPPED AND SAID "YES, I'VE BEEN DRINKING". HE ALSO STAGGERED OFF TO ONE SIDE AS HE WAS WALKING, ATTEMPTING TO GO HEEL TO TOE. I THEN EXPLAINED AND DEMONSTRATED THE ONE LEG STAND. I ASKED THE DEFENDANT IF HE UNDERSTOOD THE INSTRUCTIONS, AND HE SAID YES. AT THAT TIME THE DEFENDANT ATTEMPTED THE TASK WITH HIS RIGHT LEG OFF THE GROUND. AT THE COUNT OF ONE HE STEPPED FORWARD AND CONTINUED TO WALK. I STOPPED THE DEFENDANT AND EXPLAINED THE TASK AGAIN, AT WHICH POINT HE WAS UNABLE TO KEEP HIS LEG OFF THE GROUND FOR MORE THAN A COUNT OF ONE. I THEN EXPLAINED AND DEMONSTRATED THE FINGER TO NOSE TASK, AT WHICH POINT HE SAID HE UNDERSTOOD, BUT ONCE HE TILTED HIS HEAD BACK AND CLOSED HIS EYES HE BEGAN TO SWAY FROM SIDE TO SIDE. WHEN I INSTRUCTED HIM TO USE HIS LEFT HAND, HE BROUGHT HIS HAND UP AND APPEARED TO GET HIS NOSE STUCK BETWEEN HIS FIRST AND SECOND FINGER. I THEN PERFORMED THE HORIZONTAL GAZE NYSTAGMUS TASK AS AN INDICATOR, WHICH SHOWED LACK OF SMOOTH PURSUIT AND DEVIATION BEYO0ND 45 DEGREES. I THEN INSTRUCTED THE DEFENDANT I WAS PLACING HIM UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, WRIST RESTRAINTS WERE APPLIED AND DOUBLE LOCKED BEHIND HIS BACK AND HE WAS PLACED IN THE REAR OF MY PATROL VEHICLE. ADVANCED TOWING RESPONDED TO THE SCENE AND REMOVED THE DEFENDANT'S VEHICLE. A TOW SHEET WAS COMPLETED BY DEPUTY CULBERTSON. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE DEFENDANT SUBMITTED TO AN INTOXILYZER EXAMINATION. THE RESULTS OF THE INTOXILYZER EXAMINATION WERE .182 AND .185. THE DEFENDANT WAS ARRESTED AND BOOKED FOR DRIVING UNDER THE INFLUENCE (1ST OFFENSE) CITATION NUMBER 4141-XDX WAS ISSUED TO THE DEFENDANT WITH A COURT DATE OF 082108 AT 1300 HOURS WHICH WAS SIGNED BY THE DEFENDANT AND A COPY LEFT WITH DETENTION FACILITY OFFICIALS. WRITTEN WARNING 196667 FOR FAILURE TO MAINTAIN A SINGLE LANE WAS ISSUED TO THE DEFENDANT. DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE DEFENDANT'S DRIVER'S LICENSE WAS TURNED IN WITH THE DUI PACK WHICH WAS TURNED OVER TO RECORDS. A COPY OF THE DUI STOP WAS DOWNLOADED INTO A CD AND TURNED OVER TO EVIDENCE. *NOT-EXEMPT* |
