| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA (AR14-11665) (CASE 14-113439) 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NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) DID KNOWINGLY DRIVE WHILE HIS LICENSE WAS REVOKED REFERENCE TO A PREVIOUS DUI ON 05/20/2006, IN VIOLATION OF FLORIDA STATE STATUTE 322.28 ON 081814 AT APPROXIMATELY 0447 HOURS, I WAS DISPATCHED TO 79 NORTH FLORIDA AVENUE IN INVERNESS IN REFERENCE TO A SUSPICIOUS VEHICLE WITH A SINGLE MALE OCCUPANT WHO WAS UNRESPONSIVE IN THE DRIVER'S SEAT WITH THE VEHICLE RUNNING. UPON MY ARRIVAL DEPUTY MOORE ARRIVED ON SCENE, WHERE I OBSERVED A WHITE MALE IN THE DRIVER'S SEAT, LATER IDENTIFIED AS THE DEFENDANT, MR TIMOTHY MCANDREWS, WHO WAS ASLEEP BEHIND THE WHEEL WITH THE VEHICLE STILL RUNNING AND IN PARK. THE AIR CONDITIONING WAS ON HIGH AND THE RADIO WAS ON. THE DRIVER'S SIDE DOOR WAS OPEN AND THERE WAS A LARGE PUDDLE OF URINE DIRECTLY NEXT TO THE DRIVER'S DOOR. AT THAT TIME I WOKE THE DEFENDANT UP AND ADVISED HIM WHO I WAS AND IDENTIFIED MYSELF. AT THAT TIME THE DEFENDANT HAD A VERY THICK TONGUE AND SLURRED SPEECH AND DIFFICULT TO UNDERSTAND. THE DEFENDANT IMMEDIATELY STATED THAT HE WAS AT THE JOB SITE TO DO A REMODEL JOB. IT IS TO BE NOTED THAT THE INCIDENT LOCATION IS A COMMERCIAL BUSINESS; A GAS STATION, AND IS NOT CURRENTLY UNDER CONSTRUCTION. I REQUESTED THE DEFENDANT'S IDENTIFICATION, ALONG WITH REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT STATED HE DID NOT HAVE HIS DRIVER'S LICENSE ON HIM, BUT STATED IT WAS OUT OF THE STATE OF VIRGINIA. AT THAT TIME I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AND PERSON AND COULD DETECT THIS ODOR STANDING APPROXIMATELY FOUR TO FIVE FEET AWAY. AT THAT TIME I REQUESTED DEPUTY MOORE STAY WITH THE DEFENDANT WHILE I RETURNED TO MY PATROL VEHICLE. UPON RUNNING THE DEFENDANT'S INFORMATION IN FCIC/NCIC, HIS IDENTITY WAS CONFIRMED AND IT REVEALED THAT THE DEFENDANT CURRENTLY HAS A REVOKED DRIVER'S LICENSE OUT OF VIRGINIA IN REFERENCE TO A DUI RELATED SUSPENSION. IT ADVISED THIS DUI OCCURRED ON 05/20/2006. UPON RETURNING TO THE DEFENDANT'S VEHICLE I FOUND HIM TO BE ASLEEP ONCE AGAIN, SITTING IN THE DRIVER'S SEAT WITH THE VEHICLE STILL RUNNING AND HIM HAVING ACTUAL PHYSICAL CONTROL OF THIS VEHICLE. I AGAIN WOKE THE DEFENDANT UP AND REQUESTED HE EXIT THE VEHICLE. I NOTICED THE DEFENDANT'S PANTS WERE UNBUTTONED AND HIS ZIPPER WAS DOWN, AS IF HE HAD JUST URINATED. I REQUESTED THE DEFENDANT SUBMIT TO SOBRIETY EXERCISES, WHERE THE DEFENDANT COOPERATED. 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/HER 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, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT WAS INSTRUCTED TO TOUCH THE TIP OF HIS NOSE WITH HIS RIGHT INDEX FINGER, WHERE HE TOUCHED HIS UPPER LIP ON THIS ATTEMPT. I THEN INSTRUCTED THE DEFENDANT TO TOUCH THE TIP OF HIS NOSE WITH HIS LEFT INDEX FINGER AND THE DEFENDANT TOUCHED THE BRIDGE OF HIS NOSE, AGAIN FAILING THIS ATTEMPT. THE DEFENDANT WAS INSTRUCTED TO TOUCH THE TIP OF HIS NOSE WITH HIS RIGHT INDEX FINGER, THIS TIME TOUCHING THE SIDE OF HIS RIGHT NOSTRIL, FAILING THIS ATTEMPT. FINALLY I INSTRUCTED THE DEFENDANT TO TOUCH THE TIP OF HIS NOSE WITH HIS LEFT INDEX FINGER WHERE HE TOUCHED THE LEFT SIDE OF HIS CHEEK NEAR HIS NOSE. THIS CONCLUDED THIS EXERCISE WITH THE DEFENDANT HAVING FAILED ALL ATTEMPTS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO CHOOSE EITHER LEG WHICH HE FELT MOST COMFORTABLE WITH. HE WAS INSTRUCTED TO LIFT HIS FOOT APPROXIMATELY SIX INCHES OFF THE GROUND NOT USING HIS ARMS FOR STABILITY AND TO COUNT TO 30 OR UNTIL INSTRUCTED OTHERWISE BY THIS DEPUTY. THE DEFENDANT WAS UNSTABLE AND SWAYED BACK AND FORTH SEVERAL TIMES, LOOSING HIS BALANCE AT APPROXIMATELY 14 COUNTS, TOUCHING BOTH FEET TO THE GROUND AND THEN CONTINUED WITH THE EXERCISE, FAILING AGAIN AROUND 20 COUNTS, AND AGAIN ON COUNT 25 TOUCHED BOTH FEET TO THE GROUND AND WAS UNSTABLE WITH HIS BALANCE. THIS CONCLUDED THIS EXERCISE. AT THIS TIME IT WAS DETERMINED THAT THE DEFENDANT, MR TIMOTHY MCANDREWS, WAS UNDER THE INFLUENCE AND WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. POST MIRANDA I ASKED THE DEFENDANT IF HE KNEW HIS DRIVER'S LICENSE WAS REVOKED, TO WHICH HE STATED, YES, AND THAT HE DID NOT INTEND ON DRIVING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONY'S COLLISION. 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 0.099 AND 0.098. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $2000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4694XDX-9 WITH A MANDATORY COURT APPEARANCE ON 091114, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A126T1P, FOR KNOWINGLY DRIVING ON A REVOKED DRIVER'S LICENSE (DUI RELATED). THE DEFENDANT'S BOND WAS SET AT $12,000.00 PER THE BOND SCHEDULE. |
