| Probable cause affidavit: |
SUBMITTED BY: STEELFOX, MATTHEW N240 (AR10115681) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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 327.35(1). ON 070410 I WAS ON WATER PATROL ON THE HOMOSASSA RIVER NEAR THE MOUTH OF HALLS RIVER. AT APPROXIMATELY 1540 HOURS, I STOPPED A VESSEL TO DO A BOATING SAFETY CHECK. DURING MY INSPECTION OF THE VESSEL, I NOTICED A SECOND VESSEL OPERATING CARELESSLY IN THE IDLE SPEED NO WAKE ZONE. THE SECOND VESSEL HAD ITS MOTOR TILTED UP, AND WAS "PROP WASHING" OTHER BOATS AROUND. EACH TIME THE SECOND VESSEL "PROP WASHED" ANOTHER VESSEL A PASSENGER ON THE BOW OF THE SECOND VESSEL WAS KNOCKED TO HIS KNEES IN DANGER OF FALLING OVERBOARD. THIS PROCESS OCCURRED SEVERAL TIMES WITHIN MY SIGHT. I WAIVED THE VESSEL OVER TO WHERE I HAD THE ORIGINAL VESSEL STOPPED. THE SECOND VESSEL THEN CAME OVER AND TIED UP TO A DOCK NEAR MY VESSEL. I THEN CALLED FOR ASSISTANCE FOR ANOTHER OFFICER TO TAKE OVER THE ORIGINAL VESSEL I HAD STOPPED WHILE I TOOK OVER THE SECOND VESSEL. ONCE MY BACKUP ARRIVED, I TURNED OVER THE ORIGINAL VESSEL TO THAT OFFICER. I THEN BEGAN THE VESSEL INSPECTION OF THE SECOND VESSEL. DURING MY CONVERSATION WITH THE OPERATOR, I NOTICED THAT HE HAD SLURRED SPEECH AND HIS EYES WERE BLOODSHOT AND WATERY. WHEN I ASKED THE OPERATOR FOR HIS SAFETY EQUIPMENT, HE STATED "I HAVE IT ALL" AND SAT BACK DOWN. I ASKED THE OPERATOR TO COME TO MY VESSEL TO PARTICIPATE IN SOME FIELD SOBRIETY TASKS, WHICH HE COMPLIED. THE OPERATOR WHO I IDENTIFIED BY HIS DRIVER'S LICENSE AS MR STEVEN EDWARD SKINNER, BOARDED MY VESSEL AND I INSTRUCTED HIM TO HAVE A SEAT IN THE BOW, WHICH HE COMPLIED. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, PALM PAT. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT DID NOT COUNT AT FIRST AS INSTRUCTED, HE HAD SLIDING AND FLOPPING OF HIS HANDS, HIT THE SIDES OF HIS HANDS AND IMPROPER COUNT. TASK THREE, FINGER COUNT. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT MISCOUNTED HIS FINGERS, HAD SLIDING OF HIS FINGERS, HE DID NOT SPEED UP AS INSTRUCTED; HE HAD IMPROPER FINGER TOUCH AND IMPROPER FINGER COUNT. THE SUSPECT WAS INSTRUCTED TO START WITH THE NUMBER ONE AND STARTED AT NUMBER FOUR. MR SKINNER COUNTED DOWN FROM FOUR, BUT DID NOT COUNT BACK AND CONTINUED TO TOUCH HIS FINGERS WITHOUT COUNTING AS INSTRUCTED TO. TASK FOUR, FINGER TO NOSE. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT WAS INSTRUCTED TO TOUCH HIS NOSE AND RETURN HIS HAND TO HIS SIDE, WHICH HE DID NOT. I HAD TO INSTRUCT HIM TO PUT HIS HAND DOWN EACH TIME HE TOUCHED HIS NOSE. MR SKINNER WAS REMINDED AFTER TOUCHING HIS NOSE TO IMMEDIATELY RETURN HIS HAND TO HIS SIDE WHICH HE CONTINUALLY FAILED TO DO. MR SKINNER WAS ALSO INSTRUCTED TO KEEP HIS EYES CLOSED, WHICH HE COULD NOT. TASK FIVE, RECITE THE ALPHABET. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT WAS INSTRUCTED NOT TO SING AND HE DID SING FROM THE LETTER "A" TO THE LETTER "E" THEN STOPPED SINGING. ONCE HE REACHED THE LETTER "V" HE STOPPED FOR APPROXIMATELY FIVE SECONDS AND THEN CONTINUED AND FINISHED THE ALPHABET ADDING "T,U,V" AT THE END. TASK SIX, BACKWARDS COUNT. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT REPEATED THE NUMBER 73 TWICE. MR SKINNER WAS INSTRUCTED TO STOP COUNTING AT 65, HOWEVER, HE CONTINUED UNTIL HE REACHED 47 BEFORE STOPPING. I THEN INFORMED THE DEFENDANT THAT WE WOULD BE GOING TO THE TRADEWINDS MARINA TO PERFORM ADDITIONAL FIELD SOBRIETY TASKS. MR SKINNER'S SON TOOK CARE OF HIS VESSEL. ONCE ASHORE, WE BEGAN THE ONSHORE TASKS. I ESCORTED MR SKINNER TO THE PARKING LOT WHERE WE PERFORMED THE SHORE TASKS. TASK SEVEN, WALK AND TURN. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT DID NOT TOUCH HEEL TOE AS INSTRUCTED. MR SKINNER STEPPED ON HIS TOES AND THE TOP OF HIS FOOT SEVERAL TIMES. MR SKINNER HAD AN IMPROPER TURN AND DID NOT KEEP HIS ARMS BY HIS SIDES AS INSTRUCTED. TASK EIGHT, ONE LEG STAND. THIS TASKS INSTRUCTION WAS READ AND THE SUSPECT WAS ASKED IF HE UNDERSTOOD, TO WHICH HE STATED THAT HE DID. DURING THIS TASK THE SUSPECT SWAYED WHILE BALANCING, USED HIS ARMS TO BALANCE. MR SKINNER WAS INSTRUCTED TO KEEP AN EYE ON HIS RAISED FOOT, BUT CONTINUED TO LOOK UP. AT THAT TIME, I INFORMED THE DEFENDANT THAT I HAD REASON TO BELIEVE HE WAS OPERATING HIS VESSEL WHILE IMPAIRED. MR SKINNER WAS PLACED UNDER ARREST FOR BOATING UNDER THE INFLUENCE (BUI). I INFORMED MR SKINNER HE WOULD BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WOULD BE ASKED TO SUBMIT TO A LAWFUL TEST OF HIS BREATH. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS OBSERVED FOR 20 MINUTES AND ASKED TO SUBMIT TO A LAWFUL TEST OF HIS BREATH, WHICH HE REFUSED. THE DEFENDANT WAS BOOKED FOR OPERATING A VESSEL WHILE IMPAIRED AND GIVE A FLORIDA BUI UNIFORM TRAFFIC CITATION, CITATION NUMBER V291214 WITH A MANDATORY COURT APPEARANCE ON 072210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE, COURT ROOM A. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION NUMBER V291212, FOR CARELESS OPERATION WITH A $90.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS CHARGED WITH BOATING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. *NOT-EXEMPT* |
