| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR11121696) 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'S STATE STATUTE 316.193. DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(B). ON 071311 AT APPROXIMATELY 0250 HOURS, DEPUTY VICK AND I WERE IN THE PARKING LOT OF THE RACE TRAC STANDING NEXT TO THE FRONT DOORS SPEAKING WITH THE EMPLOYEES. AT THAT TIME, WE OBSERVED A WHITE MALE DRIVING A WHITE GMC PICKUP TRUCK PULL INTO THE PARKING LOT AND PULL INTO A PARKING SPACE ADJACENT TO OUR LOCATION. WHILE WE WERE STANDING THERE THE WHITE MALE SUBJECT WAS STARING AT US WITH ALMOST A BLANK PANIC LOOKING STARE. THE SUBJECT THEN EXITED THE PICKUP TRUCK WHERE WE NOTICED HIM TO BE UNSTEADY WITH HIS BALANCE. AS HE WALKED UP TO OUR LOCATION, IT WAS APPARENT THAT HE WAS UNDER THE INFLUENCE. AS HE APPROACHED MYSELF, HE ATTEMPTED TO SPEAK TO ME, BUT HIS WORDS WERE MUMBLED AND SLURRED. I ASKED HIM WHAT HE WAS SAYING, TO WHICH HE THEN ASKED ME IF THE KRISPY CREAM DONUTS WERE FRESH. THE STORE EMPLOYEE THEN INFORMED HIM THAT THEY WERE INSIDE IN THE DISPLAY CASE. THE SUBJECT THEN ENTERED THE STORE TO PURCHASE SEVERAL ITEMS. ONE OF THE STORE EMPLOYEES THEN SAID TO ME, "MAN, HE APPEARS TO BE DRUNK". I THEN WAITED FOR THE SUBJECT TO EXIT THE STORE AND ASKED HIM FOR HIS IDENTIFICATION, TO WHICH HE PROVIDED ME WITH HIS FLORIDA DRIVER'S LICENSE AND WAS IDENTIFIED AS MR STEVEN KELLOGG JR. I INFORMED MR KELLOGG THAT WHILE HE WAS ATTEMPTING TO SPEAK WITH ME I DETECTED AN ODOR OF ALCOHOL EMITTING FROM HIS BREATH. I ALSO OBSERVED HIM TO HAVE GLASSY BLOODSHOT EYES AND SLOW MOVEMENTS. I THEN ADVISED MR KELLOGG THAT I WOULD BE ASKING HIM TO PERFORM SOME FIELD SOBRIETY TASKS. I THEN ASKED THE SUBJECT TO STAND ON A BLUE LINE MARKING A HANDICAP PARKING SPOT. 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. 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 DID NOT WALK HEEL TO TOE ON STEP 6, 7, 8 & 9. WHEN THE SUBJECT REACHED THE NINTH STEP, HE STOPPED AND ASKED FOR DIRECTIONS AGAIN. I ASKED HIM IF HE REMEMBERED THE INSTRUCTIONS, TO WHICH HE STATED THAT HE DID NOT. I THEN CORRECTED HIM, HE THEN TURNED, DID NOT WALK HEEL TO TOE AND TURNED INTO A CASUAL WALK BUT DID STOP ON THE NINTH STEP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, THE DEFENDANT ADVISED THAT HE WAS NOT AN EDUCATED MAN AND DID NOT UNDERSTAND WHAT SIX INCHES OFF THE GROUND WAS. I ASKED HIM IF HE KNEW WHAT THE SIZE OF AN INCH WAS, TO WHICH HE THEN SHOWED ME WHAT HE THOUGHT TO BE AN INCH, WHICH I INFORMED HIM WAS CORRECT. HE THEN INFORMED ME THAT HE WAS "VISUALLY TRYING TO IMAGINE HIS DICK SO THAT HE COULD MEASURE OUT SIX INCHES". I THEN INFORMED MR KELLOGG THAT IF HE WAS ATTEMPTING TO MAKE JOKES, NOW AS NOT THE APPROPRIATE TIME FOR THEM. TO WHICH HE SAID "NO, I HAVE A TINY DICK". DURING THIS TASK, THE DEFENDANT COULD NOT CORRECTLY COUNT OUT LOUD TO 30, HE WAS ONLY ABLE TO COUNT UP TO NUMBER 16 AND MISSED SEVERAL NUMBERS BETWEEN 1 AND 16, HE REPEATED NUMBER 6 AND 14 TWICE AND JUMPED TO NUMBER 16 AND STOPPED. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW THE INSTRUCTIONS, HAD TO RECEIVE INSTRUCTIONS EACH TIME THE TASK WAS ASKED OF HIM. UPON TOUCHING THE SIDE OF HIS NOSE, HE WOULD LEAVE HIS FINGER TO THE SIDE OF HIS NOSE UNTIL HE WAS INSTRUCTED TO RECOVER ON HIS OWN. THIS WAS DONE THROUGHOUT THE TASK. THE LAST TIME I INSTRUCTED MR KELLOGG WHAT ARM TO USE AND HE FAILED TO RECOVER ON HIS OWN. I WAITED APPROXIMATELY TWO MINUTES, HE THEN OPENED HIS EYES, LOOKED AT ME AND ASKED IF I WAS SCREWING WITH HIM. I THEN TOLD HIM THAT THE INSTRUCTIONS WERE EXPLAINED TO HIM SEVERAL TIMES AND I ASKED IF HE REMEMBERED THEM, TO WHICH HE SAID "NO, I DO NOT". IT SHOULD BE NOTED THAT WHILE PERFORMING THESE TASKS, I COULD SMELL THE ODOR OF MARIJUANA EMITTING FROM MR KELLOGG. I THEN ASKED MR KELLOGG WHAT HE HAD DRUNK TONIGHT, TO WHICH HE ADVISED APPROXIMATELY SIX BEERS. I ASKED MR KELLOGG WHEN THE LAST TIME WAS THAT HE SMOKED MARIJUANA, TO WHICH HE ADVISED 1800 HOURS TODAY. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED). WHILE I WAS HANDCUFFING MR KELLOGG, DEPUTY VICK SEARCHED THE DEFENDANT'S VEHICLE AND LOCATED A TIN CAN SITTING ON THE CENTER CONSOLE WITH LESS THAN A GRAM OF MARIJUANA IN IT. WHEN THIS WAS SHOWN TO MR KELLOGG, HE ADVISED THAT THE NARCOTICS IN THE VEHICLE BELONGED TO HIM. AT THAT TIME I INFORMED MR KELLOGG THAT NOT ONLY WAS HE UNDER ARREST FOR DRIVING UNDER THE INFLUENCE BUT ALSO FOR POSSESSION OF MARIJUANA UNDER 20 GRAMS. PRIOR TO LEAVING THE SCENE, THE VEHICLE WAS TURNED OVER TO THE REGISTERED OWNER. MR KELLOGG WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO THE BREATHALYZER AND 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 WITH THE TEST RESULTS BEING .188 AND .190. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 492910X9 WITH A MANDATORY COURT APPEARANCE ON 072811 AT 1300 HOURS 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
