| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD F320 (AR16-20129) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, 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 Statute 327.35(1)(A) ON 07032016 AT 1828 HOURS, I WAS ON WATER PATROL ON THE HOMOSASSA RIVER, NEAR THE TRADEWINDS CANAL ON THE WATERS OF CITRUS COUNTY, FLORIDA. I OBSERVED A VESSEL WITH A MALE OPERATING AND A FEMALE OCCUPANT, PLOWING WITH ITâS BOW UP AND THROWING MORE THAN MINIMUM WAKE APPROACHING THE MANATEE PUB CANAL. I ACTIVATED MY EMERGENCY WARNING LIGHTS TO CONDUCT A VESSEL STOP. THE OPERATOR/DEFENDANT, MR STEVEN STALEY, SLOWED HIS VESSEL AND I ATTEMPTED TO EXPLAIN TO HIM THE SPEED ZONE. MR STALEY DID NOT APPEAR TO UNDERSTAND WHAT I WAS ATTEMPTING TO EXPLAIN TO HIM SO I ASKED HIM TO MANEUVER AWAY FROM THE MANATEE PUB CANAL. ONCE AWAY FROM THE CANAL, I WAS ABLE TO COME ALONG THE PORT SIDE OF MR STALEYâS VESSEL TO GET HIS REGISTRATION. MR STALEY LIFTED THE OPERATOR SEAT ON HIS VESSEL TO ATTEMPT TO LOCATE HIS VESSEL REGISTRATION. WHILE DOING THIS, I OBSERVED MR STALEY APPEAR TO FUMBLE WITH THE SEAT, AS WELL AS SEVERAL ITEMS INSIDE THE SEAT AREA. MR STALEY THEN STATED HE DID NOT HAVE THE REGISTRATION. I REQUESTED MR STALEYâS IDENTIFICATION AND HE STATED HE DID NOT HAVE IT WITH HIM. WHILE SPEAKING WITH MR STALEY I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON AND HIS SPEECH WAS SLIGHTLY SLURRED. I NEXT ASKED MR STALEY TO PRODUCE TWO LIFE JACKETS. MR STALEY WENT TO THE BOW AREA OF THE VESSEL AND OPENED THE HATCH. I OBSERVED MR STALEY TO FUMBLE WITH THE LIFE JACKETS AS HE SHOWED THEM TO ME. MR STALEY ALSO SHOWED ME THE TYPE 4 SEAT CUSHION LIFE JACKET. WHEN I ASKED MR STALEY FOR THE HORN OR WHISTLE, THE FEMALE OCCUPANT/WITNESS, MS CHER E BONEY, SHOWED IT TO ME. I NEXT ASKED MR STALEY TO SHOW ME THE FIRE EXTINGUISHER. MR STALEY SHOWED IT TO ME. I NEXT ASKED MR STALEY TO GET ONE OF HIS LIFE JACKETS AND PUT IT ON. MR STALEY GOT ONE OF HIS LIFE JACKETS AND PUT IN ON INSIDE OUT, WITH ONE BUCKLE FASTENED. I NEXT ASKED MR STALEY TO STEP ONTO MY PATROL VESSEL AND HAVE A SEAT IN FRONT OF THE CENTER CONSOLE. MR STALEY COMPLIED. at this time i asked mr staley if he was under the care of a doctor or dentist, if he was taking medications or if he had and defects of disabilities to which he replied no. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. 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. I NEXT MANEUVERED MR STALEYâS VESSEL TO A DOCK ON THE OUTSIDE OF THE TRADEWINDS CANAL SO MS BONEY COULD TIE IT UP. ONCE TIED UP, I MANEUVERED MY PATROL VESSEL TO ANOTHER AREA OF THE DOCK AND TIED UP. I ASKED MR STALEY TO EXIT MY PATROL VESSEL AND STEP ONTO THE DOCK. AS MR STALEY DID THIS I OBSERVED HE WAS UNSTEADY MOVING FROM MY PATROL VESSEL TO THE DOCK. ONCE ON THE DOCK I LOCATED A LEVEL AREA AND REQUESTED MR STALEY STAND THERE. TASK TWO WALK AND TURN. prior to performing this task it was explained and demonstrated to mr staley to which he stated he understood. DURING THIS TASK, MR STALEY LOST HIS BALANCE DURING INSTRUCTIONS, DID NOT TOUCH HEEL TO TOE ON ANY STEP EXCEPT THE NUMBER SEVEN STEP ON THE RETURN, STOPPED AT THE TURN AND HAD TO BE INSTRUCTED TO CONTINUE, STEPPED OF THE LINE ON STEP NUMBER FOUR, IMPROPER TURN (SWAYED WHILE TURNING, NOT SMALL STEPS) TASK THREE ONE LEG STAND. prior to performing this task it was EXPLAINED and demonstrated to mr staley to which he stated he understood. DURING THIS TASK, MR STALEY HOPPED, STARTED TOO SOON, TOUCHES AT COUNTY FOUR, FIVE, AND SEVEN. MR STALEY STOPPED THE TASK AT SEVEN AND STATED THAT HE COULD NOT PERFORM THE TASk. task four finger to nose. prior to performing this task it was EXPLAINED and demonstrated to mr staley to which he stated he understood. during this task the defendant, left- touched the bridge of his nose, right- touched the tip, left touched the tip, right- touched the bridge of his nose, right- attempted to use wrong (almost touched before he used correct hand), left- touched tip. AT THIS TIME I ADVISED MR STALEY TO TAKE OFF HIS LIFE JACKET, TURN AROUND, PLACE HIS HANDS BEHIND HIS BACK AND THAT HE WAS UNDER ARREST FOR BOATING UNDER THE INFLUENCE. MR STALEY COMPLIED WITH MR REQUEST. I ESCORTED MR STALEY TO MY PATROL VESSEL, ASSISTED HIM IN AND PLACED AN AGENCY ISSUED LIFE JACKET ON HIM. MR STALEYâS VESSEL WAS LEFT WITH MS BONEY AT HIS REQUEST. I THEN TRANSPORTED MR STALEY TO THE DOCK NEAR THE BOAT RAMP AT TRADEWINDS. UPON ARRIVAL I TIED UP TO THE DOCK AND ASSISTED MR STALEY OUT OF MY PATROL VESSEL. I ESCORTED MR STALEY TO THE FRONT OF THE BUILDING TO AWAIT TRANSPORT TO THE CITRUS COUNTY JAIL. WHILE WAITING FOR LT JONES TO TRANSPORT MR STALEY STATED HE WOULD LOSE HIS JOB. MR STALEY ALSO STATED HE HAD A COUPLE OF DRINKS, BUT THE ODOR OF ALCOHOL ON HIM WAS FROM LAST NIGHT AND HE JUST WANTED TO GET SOMETHING TO EAT. LT JONES ARRIVED AND MR STALEY WAS PATTED DOWN AND PLACED IN LT JONESâ PATROL VEHICLE FOR TRANSPORT. AFTER MY ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, CORRECTION OFFICER MCCAZZIO PROVIDED ME PAPERWORK INDICATING MR STALEY REFUSED TO SUBMIT TO TESTING. MR STALEY WAS ISSUED UNIFORM BOATING CITATION NUMBER V489673 FOR BUI AND WARNING NUMBER W925296 FOR VIOLATION OF THE SLOW SPEED/MINIMUM WAKE ZONE. |
