| Probable cause affidavit: |
SUBMITTED BY: MORTON, KEVIN 0551 (AR10115106) 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 053110 AT APPROXIMATELY 0400 HOURS WHILE TURNING OFF OF HIGHWAY 19 ON TO WEST CARDINAL STREET, I OBSERVED THE DEFENDANT DRIVE OUT OF THE PARKING LOT OF THE CIRCLE K CONVENIENCE STORE AND TURNED EAST ON TO WEST CARDINAL STREET. AT THAT TIME THE DEFENDANT WAS OPERATING HIS 1993 CHEVROLET, S-10, PICKUP, FLORIDA TAG NUMBER 525VUY WITH NO HEADLIGHTS ON. THE VEHICLE CONTINUED EASTBOUND ON CARDINAL STREET APPROXIMATELY 100 YARDS BEFORE THE DEFENDANT TURNED ON THE HEADLIGHTS OF THE VEHICLE. THIS DEPUTY CONTINUED TO FOLLOW THE VEHICLE AND DID OBSERVE THE VEHICLE CROSS THE CENTER LINE ON TWO OCCASIONS, THEN THE VEHICLE DID TURN SOUTHBOUND ON TO SOUTH MAXWELL POINT. AT THAT TIME THIS DEPUTY DID ACTIVATE HIS OVERHEAD EMERGENCY LIGHTS TO INITIATE A TRAFFIC STOP ON THE VEHICLE. AT THAT TIME THE VEHICLE DID CONTINUE ON SOUTH MAXWELL POINT BUT DID NOT ACCELERATE SPEED. AT THAT TIME, THE VEHICLE DID TURN IN TO THE DRIVE WAY AT 7081 SOUTH MAXWELL POINT. AT THAT TIME THE DEFENDANT DID EXIT THE VEHICLE AND IMMEDIATELY STATED TO ME THAT HE WAS HOME. UPON APPROACHING THE DEFENDANT I DID DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT'S PERSON AND DID OBSERVE THE DEFENDANT'S EYES TO APPEAR TO BE GLASSY AND BLOODSHOT. AT THAT TIME I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND THEN RETURNED TO MY PATROL VEHICLE TO CHECK THE STATUS OF HIS DRIVER'S LICENSE . AT THAT TIME, DEPUTY TAYLOR ARRIVED, AT WHICH TIME, I INFORMED THE DEFENDANT THAT I WAS CONCLUDING MY TRAFFIC STOP AND WAS GOING TO CONDUCT A FIELD SOBRIETY TEST. THE DEFENDANT DID STATE THAT HE HAD DRUNK A FEW BEERS WHILE FISHING THIS EVENING. 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. 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 FORTY-FIVE 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. PRIOR TO THE DEFENDANT PROCEEDING WITH THIS TASK HE ASKED IF HE COULD TAKE OFF HIS SLIPPERS AT WHICH TIME I ADVISED HIM THAT HE COULD. WHILE THE DEFENDANT WAS TRYING TO REMOVE HIS SLIPPERS HE DID HAVE TO BRACE HIMSELF BY PUTTING HIS HAND ON THE ROAD TO BALANCE HIMSELF. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, FAILED TO STEP HEEL TO TOE, ON STEPS THREE AND FIVE DID STAGGER TO HIS RIGHT STEPPING OFF LINE. THE DEFENDANT UPON THE TURN AROUND DID STOP AND ASKED THIS DEPUTY WHAT WAS NEXT. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW THESE INSTRUCTIONS AND THEN DID MISS HIS NOSE WITH HIS RIGHT INDEX FINGER TOUCHING HIMSELF ON HIS LEFT CHEEK AND WITH HIS LEFT INDEX FINGER DID TOUCH THE BRIDGE OF HIS NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 TURNED OVER TO HIS SPOUSE. THE DEFENDANT WAS THEN HANDCUFF (DOUBLE LOCKED), BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE AND 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 TEST OF HIS BREATH WITH THE TEST RESULTS BEING .161 AND .164, WHICH IS WELL OVER THE .08 PER STATUTE. 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 5983-XDH-8 WITH A MANDATORY COURT APPEARANCE OF 061710 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING CITATION, NUMBER 295103B, FOR DRIVING WITHOUT LIGHTS ON AND DRIVING LEFT OF CENTER. *NOT-EXEMPT* |
