| Probable cause affidavit: |
SUBMITTED BY: THOMASON, DARRAL 0653 (AR08106806) 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 122008 AT APPROXIMATELY 0054 HOURS, I WAS DISPATCHED TO A REPORT OF A VEHICLE SWERVING ON US HIGHWAY 19 NORTH. I WAS AT US HIGHWAY 19 AND WEST GREENACRES STREET WHEN I NOTICED A VEHICLE THAT MATCHED THE DESCRIPTION OF THE REPORTED VEHICLE. I FELL IN BEHIND THE VEHICLE, FOLLOWING IT FOR APPROXIMATELY TWO MILES. WHILE FOLLOWING THE VEHICLE I OBSERVED THAT THE DRIVER WAS UNABLE TO MAINTAIN A SINGLE LANE. HE DRIFTED IN AND OUT OF HIS LANE OF TRAVEL SEVERAL TIMES. I ACTIVATED MY EMERGENCY LIGHTS AND THE DRIVER PULLED IN TO THE PARKING LOT OF THE BANK OF AMERICA IN HOMOSASSA. I CONTINUED TO FOLLOW THE DRIVER THROUGH THE PARKING LOT. AS HE DROVE VERY SLOWLY IN THE PARKING LOT, THROUGH A 'DO NOT ENTER' AREA, I OBSERVED HIM DRIVE THE RIGHT FRONT AND RIGHT REAR WHEELS OVER THE CURB, THEN FINALLY COMING TO REST. I APPROACHED THE VEHICLE AND ASKED THE DRIVER TO TURN the VEHICLE OFF. AS I SPOKE WITH THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR THOMAS BERNARD VERDUNN, I COULD SMELL A DISTINCT ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. HIS EYES WERE BLOODSHOT AND GLASSY AND HIS SPEECH WAS SLURRED. SERGEANT GRANT ALSO APPROACHED THE VEHICLE AND ASKED THE DRIVER/DEFENDANT WHERE HE WAS HEADED, TO WHICH THE DEFENDANT STATED HE WAS GOING TO HOMOSASSA. WE THEN ASKED THE DEFENDANT WHERE HE THOUGHT HE WAS, TO WHICH HE STATED "I AM ALMOST TO BROOKSVILLE." IT SHOULD BE NOTED BROOKSVILLE WAS APPROXIMATELY TWENTY MILES SOUTH OF THE LOCATION OF THE TRAFFIC STOP. I ALSO ASKED THE DEFENDANT IF HE WAS DIABETIC, TO WHICH HE INITIALLY SAID YES. I ASKED THE DEFENDANT WHEN THE LAST TIME WAS THAT HE HAD TAKEN HIS INSULIN, TO WHICH HE STATED HE NORMALLY DID NOT TAKE INSULIN AND THEN ADMITTED HE WAS NOT A DIABETIC. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE AGREED. THE DEFENDANT FREELY STATED "I KNOW I'M TOO DRUNK AND I DON'T THINK I NEED TO DO THEM, I HAVE BEEN DRINKING FOR A VERY LONG 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 HE HAD HAD BOTH OF HIS KNEES REPLACED. 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. DURING THIS TASK, THE DEFENDANT PUT HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT, ALMOST FELL DOWN AND STATED "I'M TOO DRUNK TO PERFORM THIS TASK." TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD NOT KEEP HIS HEAD TILTED BACK, OR HIS EYES CLOSED. HE DID NOT LOWER HIS HAND WITHOUT BEING TOLD TO DO SO AND PERFORMED THE TASK VERY SLOWLY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, USING TWO SETS OF HANDCUFFS, AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .140 AND .138. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4354-XDX, WITH A MANDATORY COURT APPEARANCE ON 011509 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 237523B, FOR FAILURE TO MAINTAIN A SINGLE LANE. *NOT-EXEMPT* |
