Date of birth: | Mar 5, 1964 |
Probable cause affidavit: | SUBMITTED BY: VENTIMIGLIA, LISA 0621 (AR09111019) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 091609 AT 2322 HOURS I WAS DISPATCHED TO PLEASANT GROVE ROAD, IN REFERENCE TO A SMALL COMPACT VEHICLE DRIVING RECKLESSLY ALL OVER THE ROAD. THE VEHICLE WAS REPORTED HEADED NORTH BOUND FROM STAGE COACH. I OBSERVED A SMALL COMPACT VEHICLE NORTH BOUND ON PLEASANT GROVE THAT TURNED EAST ON TO EAST AMY LANE. AS I TURNED ONTO EAST AMY LANE I OBSERVED THIS VEHICLE STOPPED IN THE WEST BOUND LANE. THE VEHICLE THEN PRECEDED EAST IN THE WEST BOUND LANE. IT CHANGED LANES, NOW TRAVELING IN THE EAST BOUND LANE. THE VEHICLE STOPPED AT THE STOP SIGN AT SOUTH ASHLEY TERRACE AND TURNED RIGHT. AS THE ROAD TURNED SHARPLY TO THE LEFT (THE STREET NAME CHANGES TO EAST TENSON) I OBSERVED THE VEHICLE VEER TO THE RIGHT FAILING TO MAINTAIN ITS LANE. AS THE VEHICLE CONTINUED EAST IT CROSSED OVER THE DOUBLE YELLOW LINE. AT THIS TIME I INITIATED A TRAFFIC STOP. I MADE CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED BY HIS FLORIDA'S DRIVERS LICENSE AS MR THOMAS SCOTT HUEBSCH. I OBSERVED HIS CIGARETTE TO BE BACKWARD IN HIS MOUTH AND THE FILTER WAS BURNT. AS THE DEFENDANT LOOKED FOR HIS PAPERWORK THE CIGARETTE FELL FROM HIS MOUTH. I ASKED THE DEFENDANT IF HE HAD ANY ALCOHOLIC BEVERAGES TO DRINK THIS EVENING, HE STATED NO HE WAS JUST TIRED. I ASKED IF HE WOULD SUBMIT TO FIELD SOBRIETY TESTS TO WHICH HE AGREED. 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 SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. HE SHOWED NO NYSTAGMUS AT MAXIMUM DEVIATION OR AT A 45 DEGREE ANGLE. I DID NOTICE HIS PUPILS APPEARED SMALL AND THERE WAS NO SMELL OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT FAILED TO MAINTAIN INSTRUCTED STANCE DURING INSTRUCTIONS. THE DEFENDANT COULD NOT KEEP HIS BALANCE WHILE LISTENING TO INSTRUCTIONS AND PAUSED TO STEADY HIMSELF. THE DEFENDANT MISSED HEEL TO TOE AND USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT FAILED TO MAINTAIN INSTRUCTED STANCE DURING INSTRUCTION. THE DEFENDANT SWAYED DURING INSTRUCTION, USED HIS ARMS AND PUT HIS FOOT DOWN THREE TIMES AS HE ATTEMPTED THE TASK. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT FAILED TO MAINTAIN INSTRUCTED STANCE DURING INSTRUCTION. THE DEFENDANT FAILED TO RETURN HIS ARMS TO SIDE, AND HIS INDEX FINGER DID NOT TOUCH HIS NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE AND SECURED AT THE DEFENDANT'S REQUEST. 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 TEST OF HIS BREATH WITH THE TEST RESULTS BEING .00, .00 THE DEFENDANT WAS REQUESTED TO SUBMIT TO A URINE TEST, WHICH HE REFUSED. 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 7165-XDO WITH A MANDATORY COURT APPEARANCE DATE TO BE SET BY THE JUDGE, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION 1107FYA FOR FAILURE TO MAINTAIN A LANE. A DVD COPY OF THE TRAFFIC STOP WAS COPIED AND WAS LATER TURNED INTO EVIDENCE. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Sep 17, 2009 |
Booking number: | 09111019 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $500 |