| Date of birth: | Jan 1, 1947 |
| Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR09107241) ON 011809, DISPATCH RECEIVED A CALL FROM AN OFF-DUTY CITRUS COUNTY DISPATCHER THAT A WHITE JEEP CHEROKEE WAS TRAVELING NORTHBOUND ON COUNTY ROAD 491. THE DRIVER WAS DRIVING ERRATICALLY, SWERVING INTO ON-COMING TRAFFIC AND DRIVING OFF OF THE ROADWAY ON THE RIGHT SIDE OF THE ROAD. THE VEHICLE THEN TURNED NORTH ON NORTH FLORIDA AVENUE FROM COUNTY ROAD 491 WITH THE DISPATCHER REMAINING ON THE LINE WITH CITRUS COUNTY DISPATCH. THE DISPATCHER WAS GIVING UPDATES OF THE VEHICLE AND ITS ACTIONS. I CAUGHT UP WITH THE VEHICLES NORTHBOUND ON NORTH FLORIDA AVENUE NEARING NORTH CITRUS SPRINGS BOULEVARD. I OBSERVED the JEEP CHEROKEE DRIVE TO THE RIGHT OF THE FOG LINE AND THEN BRAKE. THE PASSENGER SIDE BRAKE LIGHT WAS NOT WORKING AND I STOPPED THE VEHICLE. UPON CONTACT WITH THE DRIVER, I COULD SMELL ALCOHOL FROM THE INTERIOR OF THE VEHICLE AS WELL AS WHEN THE DRIVER SPOKE. THE DRIVER'S EYES WERE GLASSY. HE WAS MOVING SLOWLY AND HAD PROBLEMS REMOVING HIS DRIVER'S LICENSE AND FINDING HIS REGISTRATION. HE FIRST PULLED OUT HIS AMERICAN EXPRESS CARD INSTEAD OF HIS DRIVER'S LICENSE. AT THAT TIME, I ASKED THE DRIVER TO STEP OUT OF HIS VEHICLE TO BEGIN FIELD SOBRIETY TASKS. THE FIRST TASK WAS THE HORIZONTAL GAZE NYSTAGMUS. THE DRIVER WAS SWAYING LEFT AND RIGHT AND DISPLAYED POOR BALANCE PRIOR TO THE TASK. DURING THE TASK, HE DISPLAYED DISTINCT NYSTAGMUS IN BOTH HIS LEFT AND RIGHT EYES AND ONSET PRIOR TO FORTY-FIVE DEGREES IN BOTH EYES. THE NEXT TASK WAS THE ONE LEG STAND WHICH WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER. THE DRIVER HAD GREAT DIFFICULTY FOLLOWING DIRECTIONS AND ALMOST FELL OVER PRIOR TO THE TASK. DURING THE TASK, HE FAILED TO COUNT ALOUD AND SET HIS FOOT DOWN DURING THE TASK. THE NEXT TASK WAS THE FINGER TO NOSE TASK WHICH WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER. THE DRIVER ALMOST FELL OVER, COULD NOT KEEP HIS HEAD BACK, COULD NOT KEEP HIS EYES CLOSED OR FOLLOW THE PROPER ARM PROCEDURES. THE LAST TASK WAS THE WALK AND TURN TASK WHICH WAS DONE ON A FLAT, PAVED SURFACE, WITH A MARKED, STRAIGHT FOG LINE. THE TASK WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER. THE DRIVER STOPPED AND PAUSED WHILE WALKING, DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE, DID AN INCORRECT TURN, AND HAD TO BE INSTRUCTED DURING THE TASK TO COUNT HIS STEPS ALOUD. THE DRIVER WAS THEN INFORMED OF HIS ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) HE WAS PLACED IN HAND RESTRAINTS (DOUBLE LOCKED) AND READ MIRANDA AND IMPLIED CONSENT FROM A PRE-PRINTED CARD. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO CCA OFFICIALS FOR AN INTOXILYZER BREATH TEST. THE TESTING WAS DELAYED DUE TO OTHER PERSONS AWAITING BREATH TESTS AND BEING TESTED AT THE TIME OF ARRIVAL. THE DRIVER WAS TESTED AT APPROXIMATELY 0359 HOURS WITH THE RESULTS BEING .127 AND AT 0402 HOURS WITH THE RESULTS BEING .123. THIS IS ONE AND A HALF TIMES THE LEGAL LIMIT OF .08. THE DRIVER WAS ISSUED A WRITTEN WARNING FOR FAULTY EQUIPMENT, INOPERABLE BRAKE LIGHT, AND A FLORIDA DUI UNIFORM TRAFFIC CITATION FOR DUI. BOND SET PER SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Jan 18, 2009 |
| Booking number: | 09107241 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
