| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR08105836) 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(1). ON 101908 AT APPROXIMATELY 0315 HOURS, I WAS PATROLLING THE AREA OF INDEPENDENCE AND SANDERS, AT WHICH TIME, I OBSERVED A VEHICLE TRAVELING SOUTH ON INDEPENDENCE AT A HIGH RATE OF SPEED. AT THIS TIME, I ESTIMATED THE VEHICLE'S SPEED TO BE APPROXIMATELY 70 MILES PER HOUR (MPH). AT THAT TIME, I ACTIVATED MY AGENCY ISSUED RADAR WHICH DISPLAYED A READING OF 69 MPH IN A POSTED 45 MPH ZONE. THE VEHICLE PASSED ME HEADING SOUTH ON INDEPENDENCE TOWARD DAWSON. I TURNED AROUND ON THE VEHICLE AND INITIATED A TRAFFIC STOP AT DAWSON AND INDEPENDENCE. UPON MAKING CONTACT WITH THE DRIVER, I REQUESTED HIS DRIVER'S LICENSE, PROOF OF INSURANCE, AND REGISTRATION, AT WHICH TIME, I IMMEDIATELY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER. IN SPEAKING WITH THE DRIVER, IDENTIFIED AS MR STEVEN STRONG, HE WAS UNABLE TO LOCATE THE NECESSARY INFORMATION AND ADVISED HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM. IN SPEAKING WITH MR STRONG, I ASKED HIM WHERE HE WAS COMING FROM IN SUCH A HURRY DUE TO THE FACT HE WAS TRAVELING 69 MPH IN A 45 MPH ZONE TO WHICH HE STATED HE HAD JUST DROPPED OFF HIS GIRLFRIEND AND HIS RESIDENCE WAS JUST AROUND THE CORNER. I ASKED MR STRONG IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES DUE TO THE STRONG ODOR OF ALCOHOLIC BEVERAGES EMITTING FROM HIS PERSON. MR STRONG ADVISED THAT HE WAS "OKAY TO DRIVE" AND DID NOT ANSWER MY QUESTION. ONCE AGAIN I ASKED MR STRONG IF HE HAD INDEED CONSUMED ANY ALCOHOLIC BEVERAGES WHILE HE CONTINUED TO LOOK FOR HIS INFORMATION. ONCE AGAIN MR STRONG ADVISED HE WAS FINE. AT THAT TIME MR STRONG WAS ONLY ABLE TO PROVIDE ME WITH THE VEHICLE REGISTRATION AND I RETURNED TO MY PATROL VEHICLE AND REQUESTED DEPUTY SCHAFFER RESPOND TO MY LOCATION. UPON DEPUTY SCHAFFER ARRIVING ON SCENE, I ONCE AGAIN MADE CONTACT WITH MR STRONG AND REQUESTED HE EXIT THE VEHICLE FOR FIELD SOBRIETY TASKS. UPON MR STRONG EXITING HIS VEHICLE, HE WAS UNSTEADY ON HIS FEET AND WHILE SPEAKING WITH HIM, HE SWAYED SIDE TO SIDE. MR STRONG AGREED TO PERFORM FIELD SOBRIETY TASKS. 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. MR STRONG WAS ALSO ASKED IF HE UNDERSTOOD THE ENGLISH LANGUAGE AND ALPHABET TO WHICH HE ADVISED YES AND MR STRONG WAS ALSO ASKED IF HE COULD DETERMINE HIS RIGHT FROM HIS LEFT TO WHICH HE STATED YES. 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. I WAS UNABLE TO DETERMINE THE ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES BECAUSE HE COULD NOT FOLLOW THE TIP OF THE PEN. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT RETURN HIS RIGHT HAND AND WAS TOLD FOUR TIMES TO RETURN ON HIS OWN BEFORE THE DEFENDANT FINALLY RETURNED HIS HAND TO HIS SIDE. DURING THIS TASK, THE DEFENDANT DID NOT RETURN HIS LEFT HAND AND WAS TOLD FOUR TIMES TO RETURN ON HIS OWN BEFORE THE DEFENDANT FINALLY RETURNED HIS HAND TO HIS SIDE. DURING THIS TASK, THE DEFENDANT AGAIN DID NOT RETURN HIS RIGHT HAND AND WAS TOLD FOUR TIMES TO RETURN ON HIS OWN BEFORE THE DEFENDANT FINALLY RETURNED HIS HAND TO HIS SIDE. DURING THIS TASK, THE DEFENDANT AGAIN DID NOT RETURN HIS LEFT HAND AND WAS TOLD FOUR TIMES TO RETURN ON HIS OWN BEFORE THE DEFENDANT FINALLY RETURNED HIS HAND TO HIS SIDE. TASK THREE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED SIDE TO SIDE WHILE REPEATING THE ALPHABET CORRECTLY. TASK FOUR, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID AN IMPROPER TURN AND FAILED TO TOUCH HEEL TO TOE ON ALL NINE RETURNING STEPS. TASK FIVE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID SWAY SIDE TO SIDE AND COULD NOT KEEP HIS FOOT APPROXIMATELY SIX INCHES OFF THE GROUND SWAYING SO MUCH HIS FOOT MOVED APPROXIMATELY SIX TO 12 INCHES TO THE LEFT AND TO THE RIGHT AND PLACED HIS FOOT ON THE GROUND AT 14 SECONDS. AFTER PLACING HIS FOOT ON THE GROUND, THE DEFENDANT PICKED UP HIS FOOT OFF THE GROUND AGAIN AND STARTED COUNTING OVER ON HIS OWN, AT WHICH TIME HE STARTED AGAIN ON HIS OWN FROM "1" MAKING IT ONLY TO "16 1,000", AT WHICH TIME, HE PLACED HIS FOOT ON THE GROUND AND STATED HE COULD NOT GO ANY FURTHER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. DEPUTY SCHAFFER REMAINED ON SCENE WITH THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), NUMBER 7187-XDO, WITH A MANDATORY COURT APPEARANCE DATE OF 110608 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE, AND UTC NUMBER 2864-FIR FOR REFUSING TO SUBMIT TO A BLOOD ALCOHOL TEST WITH A MANDATORY COURT APPEARANCE DATE OF 110608 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 234622-B FOR 69 MPH IN A 45 MPH ZONE ALONG WITH WARNING NUMBER 234623-B FOR FAILURE TO CARRY OR EXHIBIT A DRIVER'S LICENSE. *NOT-EXEMPT* |
