| Probable cause affidavit: |
SUBMITTED BY: CLOUD, TOD FHP3745 (AR10112788) 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'S STATE STATUTE 316.193(1) WHO, BY REASON OF SUCH OPERATION, CAUSES OR CONTRIBUTES TO CAUSING: DAMAGE TO THE PROPERTY OR PERSON OF ANOTHER IN VIOLATION OF FLORIDA'S STATE STATUTE 316.193(3)(A)(B)(C). ON 011110 AT APPROXIMATELY 1843 HOURS, I ARRIVED AT THE SCENE OF A TRAFFIC CRASH. THE TRAFFIC CRASH OCCURRED ON STATE ROAD 200 AT US HIGHWAY 41. THE DEFENDANT WAS STOPPED AT A RED LIGHT SOUTHBOUND ON STATE ROAD 200. BEHIND THE DEFENDANT WAS A MARKED DEPUTY SHERIFF'S PATROL VEHICLE DRIVEN BY SERGEANT JOHN CLARK. WHEN THE LIGHT CHANGED, THE DEFENDANT'S VEHICLE ROLLED BACKWARDS INTO THE PATROL VEHICLE DOING APPROXIMATELY $100 DAMAGE. THE DEFENDANT THEN TOOK OFF SOUTHBOUND ON US HIGHWAY 41, SERGEANT CLARK ACTIVATED HIS LIGHTS AND CONDUCTED A TRAFFIC STOP FOR THE CRASH. SAID VEHICLE STOPPED ON EAST LAKE TERRACE AT US HIGHWAY 41. UPON MY ARRIVAL AT THE SCENE OF THE CRASH, I CONDUCTED A TRAFFIC TRASH INVESTIGATION. BECAUSE OF THE SMELL OF AN ALCOHOLIC BEVERAGE ON THE DEFENDANT'S BREATH, HIS MUMBLED SPEECH AND HIS BLOODSHOT EYES, I ADVISED THE DEFENDANT THAT I HAD COMPLETED THE TRAFFIC CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS UNSTEADY EXITING HIS VEHICLE WALKING AND STANDING. I READ THE DEFENDANT MIRANDA WARNINGS VIA THE CARD AND HE AGREED TO CONTINUE TO TALK TO ME. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TO WHICH HE STATED HE HAD A COUPLE OF BEERS. 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. I THEN ASKED HIM IF HE WOULD DO SOME FIELD SOBRIETY TESTS, TO WHICH HE SAID HE WOULD. 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT DO WELL WITH THE WALK AND TURN TASK BECAUSE HE LOST HIS BALANCE DURING INSTRUCTIONS, HE STARTED BEFORE THE INSTRUCTIONS WERE FINISHED, HE DID NOT TOUCH HEEL TO TOE SEVERAL TIMES, HE RAISED HIS ARMS MORE THAN SIX INCHES FOR BALANCE AND HE TURNED INCORRECTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ALSO DID NOT DO WELL WITH THE ONE LEG STAND BECAUSE HE PUT HIS FOOT DOWN THREE TIMES WITHIN THIRTY SECONDS. AT APPROXIMATELY 1912 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, DUI. 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. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED BAC TEST OF HIS BREATH WITH THE TEST RESULTS BEING .147 AND .154. THE DEFENDANT WAS THEN PROCESSED AND BOOKED FOR DUI AND DUI PROPERTY DAMAGE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY SCALLY'S LUBE AND GO. 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, CITATION NUMBER 0896-XAU WITH A MANDATORY COURT APPEARANCE ON 012810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 3932-SSZ, FOR CARELESS DRIVING AND CITATION NUMBER 3933-SSZ FOR DUI PROPERTY DAMAGE. *NOT-EXEMPT* |
