| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR10114968) 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. ON 052210 AT APPROXIMATELY 1150 HOURS, WHILE CONDUCTING A SECURITY CHECK IN THE AREA GOLDEN DALE BOAT RAMP, I WAS FLAGGED DOWN BY A CITIZEN WHO ADVISED ME THAT THERE WAS A WHITE MALE SUBJECT ATTEMPTING TO LOAD HIS BOAT, DRIVING A WHITE BRONCO, WHO APPEARED TO BE VERY INTOXICATED. THE CITIZEN WISHED TO REMAIN ANONYMOUS. WHILE BOLOING THE AREA FOR THE SUBJECT, I OBSERVED A WHITE AND BLUE BRONCO PULLING A SMALL BOAT WITH NO TRAILER TAG OR LIGHTS. THE VEHICLE WAS TRAVELING SOUTHBOUND ON GOLDEN DALE. AT THAT TIME, I BEGAN TO FOLLOW THE VEHICLE AS IT TURNED WESTBOUND ON WEST DUNNELLON ROAD. THE VEHICLE THEN TURNED SOUTHBOUND ON NORTH CIRCLE M AVENUE WHERE I CONDUCTED A TRAFFIC STOP IN REFERENCE TO THE NO DISPLAY OF TAG AND NO TRAILER LIGHTS. AS I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE, I MADE CONTACT WITH THE DEFENDANT, LATER IDENTIFIED AS MR STUART MARTIN, WHERE I IMMEDIATELY SMELLED THE PRESENCE OF ALCOHOL EMITTING FROM HIS BREATH. I THEN ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION, AND INSURANCE FOR THE TRUCK AND TRAILER. AS HE WAS TALKING TO ME HE WAS NOT USING COMPLETE SENTENCES, WOULD NOT LOOK DIRECTLY AT ME, AND TOOK SEVERAL MINUTES TO FIND HIS DRIVER'S LICENSE. AS HE HANDED ME HIS DRIVER'S LICENSE HE STATED THAT HE DID NOT HAVE THE OTHER DOCUMENTS IN QUESTION. AT THAT TIME, I ASKED THE DEFENDANT IF THE TRAILER WAS IN FACT REGISTERED. HE STATED YES IT WAS REGISTERED TO HIM AND AT THAT TIME, I NOTICED THAT HIS EYES WERE VERY BLOOD SHOT. I THEN PROCEEDED BACK TO MY PATROL VEHICLE WHERE I RAN THE DEFENDANT'S INFORMATION AND WAS UNABLE TO LOCATE ANY TRAILER TAG REGISTERED TO HIM. AT THAT TIME, I COMPLETED A UNIFORM TRAFFIC CITATION (UTC), NUMBER 2671ESH6, FOR NO TAIL LIGHTS, IN THE AMOUNT OF $116.00 AND A CRIMINAL UTC, NUMBER 2672ESH7, FOR AN UNREGISTERED MOTOR VEHICLE WITH A MANDATORY COURT APPEARANCE DATE OF 061010 AT 1300 HOURS. AFTER COMPLETION OF THE CITATIONS DEPUTY GILMAN ARRIVED AS MY BACKUP AND AT THAT TIME, I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE AND PROCEED TO THE FRONT OF MINE. IMMEDIATELY WHILE HE WAS STEPPING OUT OF THE VEHICLE THE DEFENDANT BEGAN TO LOOSE HIS BALANCE AND ALMOST FEEL TO THE GROUND. WHEN HE ARRIVED AT THE FRONT OF MY VEHICLE I EXPLAINED EACH CITATION THAT WAS WRITTEN TO HIM AND THEN HAD HIM SIGN THEM. AFTER THE CITATIONS WERE COMPLETE, I THEN ASKED THE DEFENDANT IF HE HAD ANY ALCOHOLIC BEVERAGE TODAY, AT WHICH TIME, HE STATE, YES APPROXIMATELY THREE BEERS. DURING THIS TIME, THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET. I THEN ASKED THE DEFENDANT IF HE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS, THE DEFENDANT AGREED, AND WE BEGAN THE TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. THREE ATTEMPTS WERE MADE AND ALL THREE ATTEMPTS THE DEFENDANT MOVED HIS HEAD AND NOT HIS EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. ON THE FIRST ATTEMPT THE DEFENDANT TOOK APPROXIMATELY THREE STEPS AND STUMBLED ALMOST FALLING TO THE GROUND. ON ATTEMPT NUMBER TWO THE DEFENDANT TOOK APPROXIMATELY FIVE STEPS, STUMBLED ONCE AGAIN, AND WALKED AWAY TO HIS BOAT. AT THAT TIME, I ASKED IF HE WANTED TO COMPLETE THE TASKS AND HE STATED YES SO WE CONTINUED TO THE ONE LEG STAND. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY PROBLEMS WITH HIS LEGS TO PREVENT HIM FROM DOING THE ONE LEG STAND AND HE STATED NO. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. ON THE FIRST ATTEMPT THE DEFENDANT RAISED HIS LEFT LEG, HOWEVER, DID NOT COUNT. WHEN I ASKED HIM ABOUT THIS HE STATED THAT I NEEDED TO COUNT. AT THAT TIME, WE CONTINUED TO THE FINGER TO NOSE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. ON THE FIRST TWO ATTEMPTS I ASKED THE DEFENDANT TO TOUCH HIS NOSE WITH HIS RIGHT INDEX FINGER. ON THE THIRD ATTEMPT I ASKED THE DEFENDANT TO TOUCH THE LEFT INDEX FINGER TO HIS NOSE, AT WHICH TIME, HE TOUCHED HIS FOREHEAD ALMOST FALLING OVER. AT THAT TIME, I ASKED HIM IF HE WAS ABLE TO COMPLETE THE NEXT TASK. WE THEN DID THE ROMBERG ALPHABET. UPON HIS RECITAL OF THE ALPHABET REACHING "LMNOP" IT WAS VERY SLURRED AND RAN TOGETHER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE WHERE 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HIS PASSENGER PER THE DEFENDANT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY OPERATOR JOSHUA WING. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.133 AND 0.135. OPERATOR WING NOTIFIED ME THAT THE DEFENDANT COULD NOT COMPLETE THE ONE LEG STAND DUE TO BEING UNABLE TO KEEP HIS BALANCE, THAT HE INCORRECTLY RECITED THE ALPHABET, THAT HE STOPPED AFTER FIVE STEPS AFTER WALK AND TURN, AND USED THE WRONG HAND DURING FINGER TO NOSE. THE DEFENDANT STATED TO OPERATOR WING THAT HE HAD TAKEN A VICODIN PRESCRIBED BY DOCTOR CHUNG AND THAT HE HAD BEEN ON THE BOAT DRINKING BUD LIGHT BETWEEN THE HOURS OF 1000 AND 1100. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND QUESTIONED HIM ABOUT THE VICODIN, IN WHICH HE STATED THAT HE DID HAVE A PRESCRIPTION AND HAD TAKEN ONE FIVE MILLIGRAM TABLET PRIOR TO DRINKING. 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, NUMBER 7154-XDO8, WITH A MANDATORY COURT APPEARANCE OF 061010 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. UPON RUNNING A CRIMINAL HISTORY OF THE DEFENDANT IT WAS FOUND THAT HE HAD THREE PRIOR DUI CHARGES WHICH ARE AS FOLLOWS 012380, 031885, AND 022696. THE DEFENDANT WAS VERY COOPERATIVE THROUGHOUT MINE AND OPERATOR WINGS INVESTIGATION. *NOT-EXEMPT* |
