| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR11119444) 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 022011, WHILE TRAVELLING EASTBOUND ON WEST GREEN ACRES STREET; I WAS BEHIND A WHITE AND GREEN CHEVROLET PICKUP BEARING FLORIDA TAG L247XU. THE VEHICLE SWERVED OFF THE ROADWAY ON TO THE RIGHT SHOULDER OF THE ROAD AND REGAINED CONTROL AND CONTINUED TO TRAVEL WESTBOUND ON WEST GREEN ACRES STREET. THE VEHICLE TURNED LEFT ON SOUTH SLASH PINE AVENUE TRAVELLING NORTHBOUND. THE VEHICLE THEN MADE A LEFT TURN ON TO WEST HOLIDAY STREET WHICH IS A 25 MILES PER HOUR (MPH) ZONE. I BEGAN PACING THE VEHICLE AT 38 MILES PER HOUR (MPH) WHICH WAS VERIFIED BOTH BY THE SPEEDOMETER AND RADAR. I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND THE VEHICLE MADE A RIGHT TURN ON TO SOUTH COLONY TERRACE AND FINALLY CAME TO A STOP NEAR WEST GROVER CLEVELAND BOULEVARD. AS I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE, I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR TIMOTHY HONEYCUTT, whose IDENTITY WAS IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE . I ADVISED MR HONEYCUTT THAT I STOPPED HIM FOR HIS SPEED DOING 38 MPH IN A 25 MPH ZONE. MR HONEYCUTT ADVISED THAT HE MIGHT HAVE BEEN SPEEDING A LITTLE. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED A STRONG AROMA OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AND PERSON. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING AND HE ADVISED THAT HE HAD APPROXIMATELY FOUR ALCOHOLIC BEVERAGES. AT THAT TIME I RETURNED TO MY PATROL VEHICLE WHERE THE DEFENDANT WAS WRITTEN WARNING 322227B FOR 38 MPH IN A 25 MPH ZONE. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND STEP TO MY PATROL VEHICLE SO THAT I COULD EXPLAIN THE CITATION. AS THE DEFENDANT EXITED HIS VEHICLE, HE HAD TO HOLD ON TO THE DOOR TO MAINTAIN HIS BALANCE. WHILE THE DEFENDANT WALKED BACK TO MY PATROL VEHICLE THERE WAS A NOTICEABLE STAGGER. I ADVISED THE DEFENDANT THAT HE WAS BEING ISSUED A WRITTEN WARNING FOR HIS SPEED AND THAT MY TRAFFIC STOP WAS COMPLETE AND I WOULD NOW BE CONDUCTING A CRIMINAL INVESTIGATION. 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. THE DEFENDANT ADVISED THAT HE HAD JUST HAD A CAST REMOVED FROM HIS RIGHT ANKLE A FEW DAYS AGO DUE TO SHATTERING HIS HEEL. HE ALSO ADVISED THAT HE WAS DIABETIC. I ASKED THE DEFENDANT WHEN WAS THE LAST TIME HE HAD CHECKED HIS BLOOD SUGAR AND HE ADVISED THAT HE HAD CHECKED IT TWICE TODAY THE LAST TIME BEING BETWEEN 2000 HOURS TO 2100 HOURS. AT THAT TIME, I ASKED THE DEFENDANT IF HE COULD COMPLETE THE TASKS THAT WOULD NOT ALLOW HIM TO WALK ON HIS RIGHT FOOT AND HE STATED THAT HE COULD. 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 ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HIS BALANCE ON HIS LEFT LEG AND HAD PLACED HIS RIGHT FOOT ON THE GROUND SEVERAL TIMES IN ORDER TO DO SO. THE DEFENDANT WAS ADVISED TO CONTINUE TO COUNT BY ONE THOUSANDTHS UNTIL TOLD TO STOP, BUT HAD PROBLEMS COUNTING AFTER TEN ONE THOUSANDTHS. AS THE DEFENDANT GOT TO TEN ONE THOUSANDTHS HE PUT HIS RIGHT LEG BACK ON THE GROUND AND STATED "SCREW IT". TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS EYES CLOSED AND DID NOT BEGIN THE TASK WHEN TOLD TO DO SO AND HAD TO BE TOLD TWICE TO START THE TASK. THE DEFENDANT TOUCHED HIS TOP LIP AND THEN HIS NOSE THREE TIMES TWICE WITH THE RIGHT HAND AND ONCE WITH THE LEFT HAND. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS WIFE PER HIS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE SECOND OFFENSE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7748-XBL WITH A MANDATORY COURT APPEARANCE ON 031011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE IN CAR VIDEO WAS CAPTURED AND WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
