| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11122932) 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. THE DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E). ON 092811 AT APPROXIMATELY 0333 HOURS, DEPUTY LABORDA WAS TRAVELING SOUTH BOUND ON HIGHWAY 491 NEAR FERRO FUNERAL HOME WHEN HE OBSERVED A VEHICLE TRAVELING NORTH BOUND DRIFT OVER INTO HIS LANE, AT WHICH POINT, DEPUTY LABORDA TURNED AROUND ON SAID VEHICLE AND BEGAN TO FOLLOW SAID VEHICLE NORTH ON HIGHWAY 491 WHEN HE OBSERVED HIM CROSS THE CENTER LINE AND THE WHITE OUTSIDE FOG LINE SEVERAL TIMES. HE CONTINUED TO FOLLOW NORTH ON HIGHWAY 491 WHERE HE APPLIED HIS BRAKES APPROXIMATELY ONE QUARTER MILE PRIOR TO THE RED LIGHT AT HIGHWAY 491 AND HIGHWAY 41 AND BEGAN TO TRAVEL AT 20 MILES PER HOUR (MPH) FOR APPROXIMATELY 200 FEET WHILE APPROACHING THE RED LIGHT AT THAT LOCATION. SHORTLY THEREAFTER JUST NORTH OF THE TRAFFIC LIGHT ON HIGHWAY 491, DEPUTY LABORDA PERFORMED A TRAFFIC STOP WHERE HE MADE CONTACT WITH THE DEFENDANT, WHO IDENTIFIED HIMSELF BY HIS FLORIDA DRIVER'S LICENSE AS MR TIMOTHY WAYNE BRAY. MR BRAY HAD VERY SLOW, LAGGING SPEECH, HAD AN EXTREMELY HARD TIME CONCENTRATING, AND APPEARED TO BE UNDER THE INFLUENCE OF SOMETHING. THIS DEPUTY WAS THEN CONTACTED AND RESPONDED TO THE SCENE. UPON ARRIVAL, CONTACT WAS MADE WITH MR BRAY, WHO WAS STILL SITTING IN THE DRIVER'S SEAT. THIS DEPUTY COULD SMELL A HEAVY ODOR OF ALCOHOL EMANATING FROM HIS BREATH AS WELL AS AN ODOR OF MARIJUANA. THIS DEPUTY HAD MR BRAY EXIT HIS VEHICLE AND WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. MR BRAY WAS VERY THICK TONGUED, SLOW SPEECH, HAD A HARD TIME CONCENTRATING, AND APPEARED TO BE HEAVILY UNDER THE INFLUENCE. MR BRAY WAS ASKED IF HE HAD CONSUMED ANY ALCOHOL PRIOR TO DRIVING. HE ADVISED HE HAD CONSUMED ALCOHOL EARLIER IN THE 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. HE STATED HE HAD A PREVIOUS INJURY TO HIS BACK BUT IT WAS DETERMINED HE WAS ABLE TO WALK AND BALANCE IN AN EFFICIENT MANNER. 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 STARTED BEFORE THE INSTRUCTIONS WERE FINISHED. HE DID NOT TOUCH HEEL TO TOE, LOST HIS BALANCE WHILE WALKING, TOOK AN INCORRECT NUMBER OF STEPS UP 21, THEN TOOK 13 STEPS BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN NUMEROUS TIMES, SWAYED WHILE BALANCING, AND COULD NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, STARTED TO USE THE WRONG HAND ONE TIME, BUT WAS ABLE TO COMPLETE THE TASK. TASK FIVE, RHOMBERG ALPHABET. THE DEFENDANT WAS ASKED THE LAST GRADE LEVEL HE HAD COMPLETED AND HE STATED NINTH GRADE AND THAT HE KNEW THE ALPHABET. HE INCORRECTLY RECITED THE ALPHABET NUMEROUS TIMES AND COULD NOT COMPLETE THE ALPHABET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS HANDCUFFED (DOUBLE LOCKED) AND WAS SEATED IN THE REAR OF MY PATROL VEHICLE. A SHORT TIME LATER, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, AT WHICH TIME, HE STATED HE UNDERSTOOD HIS RIGHTS AND DID NOT WISH TO CONTINUE SPEAKING WITH ME. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AND PROVIDE A URINE SAMPLE, HOWEVER, HE REFUSED. A SHORT TIME LATER, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE AGAIN REFUSED TO PROVIDE A BREATH AND URINE SAMPLE. WHILE AT THE DETENTION FACILITY, HE WAS ISSUED A DUI REFUSAL CITATION, NUMBER 8771-XBI-5, WITH COURT DATE OF 101311 AT 1300 HOURS. HE WAS ALSO ISSUED A FLORIDA CRIMINAL UNIFORM TRAFFIC CITATION FOR REFUSAL TO SUBMIT TO THE LAWFUL TEST OF BREATH, URINE, OR BLOOD DUE TO A PRIOR REFUSAL TO SUBMIT WITH A COURT DATE OF 101311 AT 1300 HOURS. IT WAS ALSO DISCOVERED UPON AN INVENTORY OF THE DEFENDANT'S VEHICLE AN OPEN BOTTLE OF VODKA, AT WHICH POINT, HE WAS WRITTEN AN OPEN CONTAINER UNIFORM TRAFFIC CITATION, NUMBER 5353-GQF-9, BY DEPUTY LABORDA. THE DEFENDANT'S VEHICLE WAS LATER TOWED BY ADVANCED TOWING. THE ON-SCENE SOBRIETY TASKS WERE CAPTURED VIA IN-CAR CAMERA AND THE VIDEO WILL BE SUBMITTED TO EVIDENCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
