| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL (AR2012-00233) 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 030712, I WAS DISPATCHED TO A MINOR TRAFFIC CRASH LOCATED AT SOUTH APOPKA AVENUE AND INVERNESS BOULEVARD IN INVERNESS. UPON ARRIVAL, I WAS ADVISED BY ONE OF THE DRIVERS INVOLVED, MR JOSHUA STROOP, AS WELL AS A WITNESS, MS JESSICA MCDONALD. THAT THE DEFENDANT, MR TERRY MCCRACKEN HAD BEEN DRIVING HIS VEHICLE FLORIDA LICENSE PLATE NUMBER 554NIW, SOUTH ON SOUTH APOPKA AVENUE AND UPON ARRIVAL AT THE INTERSECTION OF INVERNESS BOULEVARD THE DEFENDANT RAN INTO THE BACK OF DRIVER, JOSHUA STROOPâS VEHICLE. MS MCDONALD ADVISED THAT PRIOR TO THE DEFENDANT STRIKING THE SECOND VEHICLE, HE HAD BEEN DRIVING ALL OVER THE ROAD AND HAD CROSSED INTO THE OTHER LANE AND ALMOST STRUCK ANOTHER VEHICLE. UPON HANDLING THE TRAFFIC CRASH INVESTIGATION, I MADE CONTACT WITH THE DRIVER OF VEHICLE ONE/DEFENDANT, MR TERRY MCCRACKEN. MR MCCRACKEN APPEARED TO BE VERY UNSTEADY ON HIS FEET, VERY THICK TONGUED, HAD A HARD TIME KEEPING HIS EYES OPEN, AND HAD A VERY SLOW REACTION TIME. I THEN ASKED MR MCCRACKEN TO WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE WHERE I EXPLAINED TO HIM THAT I WAS NOW SWITCHING HATS FROM A CIVIL CRASH INVESTIGATION TO A CRIMINAL DRIVING WHILE UNDER THE INFLUENCE (DUI) INVESTIGATION. HE WAS THEN ADVISED OF HIS MIRANDA WARNING VIA PRE-PRINTED CARD AT WHICH POINT HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. 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 AT FIRST HE ATTEMPTED TO EXPLAIN THE CONDITIONS HE HAD, BUT UPON FURTHER QUESTIONING HE ADVISED NO. DURING THE SOBRIETY TASKS HE WAS ASKED IF HE TOOK ANY MEDICATION, HE ADVISED HE DOES TAKE MEDICATION. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPPED WALKING TO STEADY HIMSELF, DID NOT TOUCH HEAL TO TOE, LOST BALANCE WHILE WALKING, USED HIS ARMS FOR BALANCE, AND TOOK AN INCORRECT NUMBER OF STEPS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING USED HIS ARMS TO BALANCE, PUT HIS FOOT DOWN SEVERAL TIMES, AND COULD NOT COMPLETE THE TASK. TASK THREE, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO RETURN ARMS TO SIDE, MISSED TIP OF NOSE WITH HIS FINGER, AND COULD NOT FOLLOW INSTRUCTIONS. TASK FOUR, ROMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT WHICH WAS THE LAST GRADE HE COMPLETED IN SCHOOL, HE STATED NINTH GRADE. I ASKED THE DEFENDANT IF HE KNEW THE ALPHABET, TO WHICH HE INITIALLY SAID NO, BUT LATER AGREED TO ATTEMPT IT. DURING THE TASK THE DEFENDANT NEVER COMPLETED IT, AND NEVER RECITED THE ALPHABET THROUGH OUT ITS ENTIRETY. TASK FIVE, 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. ON SCENE SOBRIETY TASKS WERE VIDEO TAPED VIA IN VEHICLE CAMERA AND A COPY WILL BE TURNED INTO EVIDENCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT AND THE DEFENDANT AGREED TO PROVIDE THE URINE SAMPLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. HE REFUSED TO PROVIDE A URINE SAMPLE WHILE AT THE JAIL. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY EDâS TOWING. 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 REFUSAL TRAFFIC CITATION, CITATION NUMBER 8791XBI WITH A MANDATORY COURT APPEARANCE ON 032212 AT THE CITRUS COUNTY COURTHOUSE. |
